Why Are the Notes Found in Aretha Franklin’s Couch a Valid Will?
The late Queen of Soul’s discovered notes had to meet certain Michigan requirements to be considered a valid will. The outcome might have been different in other states.


Aretha Franklin was known as the Queen of Soul. She will be forever remembered for her musical legacy, which includes “(You Make Me Feel Like) A Natural Woman,” “Respect,” “I Say a Little Prayer” and “Chain of Fools.” She died in 2018 at the age of 76 from pancreatic cancer.
Franklin’s entertainment attorney for almost 30 years, Don Wilson, indicated that Franklin was “a very private person who did not want to share private information” with others, including an attorney, which is why she would write her wishes and estate plan informally by herself.
Franklin prepared a 2010 will that was securely maintained. The 2010 will was discovered in a locked cabinet in her home. That will was not formally typed, but it was written in her own hand. This type of handwritten will is referred to as a “holographic will.”
From just $107.88 $24.99 for Kiplinger Personal Finance
Be a smarter, better informed investor.

Sign up for Kiplinger’s Free Newsletters
Profit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.
Profit and prosper with the best of expert advice - straight to your e-mail.
Each state has its own requirements for a holographic will to be valid. In Michigan, where Franklin lived, the document must be substantially written in the maker’s own hand, be dated and be signed. These requirements are critically important for the Queen of Soul’s estate. Alternatively, a formal “typed” will, such as a will prepared by an attorney, must be signed in the presence of two witnesses.
Michigan jury considers notes a valid will
Two crumpled notes were found after her death underneath Franklin’s couch cushions. Those notes, taken together, were determined by the Michigan court to constitute a valid will. Those notes were dated in 2014 (after the 2010 will). The notes were written entirely in Franklin’s own hand and signed with a smiley face and “A. Franklin.” The Michigan court determined that these “couch notes” constituted a valid will under Michigan law.
Both the 2010 will and the 2014 will provided for Franklin’s four sons to share income from music and copyrights. However, the 2014 will left Franklin’s primary residence to her son Kecalf Franklin and her grandchildren. That home was valued at $1.1 million at the time of her death in 2018 but is worth substantially more now.
The 2010 will required her sons Kecalf Franklin and Edward Franklin to take business classes and obtain a certificate or degree to benefit from the estate. That requirement was not present in the 2014 will. When a court is presented with multiple documents as the decedent’s will, only the last or most recent will controls.
However, the court will also consider whether the second writing is an informal amendment to the first. In other words, can the two documents be read together, or are there inconsistencies that prevent that interpretation? Note that all formally lawyer-prepared wills typically begin with this or a similar sentence: “This is my last will and testament, and I revoke all prior wills” to prevent such an analysis.
Here, the court determined that the “crumpled notes in the sofa” alone constituted Aretha Franklin’s final controlling will. Under Michigan law, the decision that this was a valid will was made by a jury.
How the case might have played out in other states
In California, California Probate Code Section 8252 generally provides that the court (and not a jury) will try and determine contested issues of fact that affect the validity of a will. In California, this would likely have been decided by a judge and not a jury. A judge may have reached a different conclusion due to the interlineations and scribbling, which may not have been viewed as a final expression of her wishes.
Note that Florida does not recognize handwritten wills that are not signed in the presence of two witnesses. If in Florida, Franklin would have been intestate (not having a will), and the beneficiaries would be determined under the Florida probate code.
Most people seek to avoid formal probate court proceedings because the cost is higher, that process takes more time, and all information, including asset information, is completely available to the public as public information.
Franklin’s estate was, at one time, valued at over $80 million. This was substantially reduced by estate tax, the legal fees resulting from years of litigation between her family members, probate court costs and related fees and other unpaid taxes.
Proper planning could have avoided virtually all of those costs and expenses. A revocable trust could have been used to avoid probate costs and expenses. Estate tax planning with irrevocable trusts and other entities could have entirely avoided the estate tax liability.
The legacy left to her children could have been provided in a secure asset protected formally. She could have better planned to pass down her family values and priorities. Instead, the family was embroiled in expensive, long-lasting litigation to resolve this dispute.
Profit and prosper with the best of Kiplinger's advice on investing, taxes, retirement, personal finance and much more. Delivered daily. Enter your email in the box and click Sign Me Up.

Founder of The Goralka Law Firm, John M. Goralka assists business owners, real estate owners and successful families to achieve their enlightened dreams by better protecting their assets, minimizing income and estate tax and resolving messes and transitions to preserve, protect and enhance their legacy. John is one of few California attorneys certified as a Specialist by the State Bar of California Board of Legal Specialization in both Taxation and Estate Planning, Trust and Probate. You can read more of John's articles on the Kiplinger Advisor Collective.
-
Stocks Swing in Volatile Session: Stock Market Today
The main indexes fell sharply in early trading on rising China tensions, but rebounded thanks to encouraging bank earnings.
-
Don't Miss Out! A Quiz on Medicare Enrollment Deadlines
Quiz Test your basic knowledge of Medicare enrollment periods in our quick quiz.
-
A 'Fast, Fair and Friendly' Fail: Farmers Irks Customers With Its Handling of a Data Breach
Farmers Insurance is facing negative attention and lawsuits because of a three-month delay in notifying 1.1 million policyholders about a data breach. Here's what you can do if you're affected.
-
Serving the HNW Market: How Financial Advisers Can Break Through and Deliver Lasting Value
Financial advisers have a significant opportunity to serve high-net-worth clients by elevating their capabilities, delivering comprehensive planning, building diverse teams and prioritizing family wealth education.
-
Don't Just Sell, Connect: How Financial Advisers Can Ignite Their Sales Growth
Avoid complacency and embrace small, consistent improvements to optimize your sales process and results.
-
Are You a Small Business Owner Buckling Under Economic Pressure? Here's How You Can Cope
Significant emotional and financial challenges, including tariff worries, are piling up on small business leaders. Here's how leaders can develop more healthy coping strategies and systems of support.
-
To Raise Prices or Not to Raise Prices: Tariff Tips for Small Businesses
Small businesses are making critical decisions. Should they pass on higher costs due to tariffs, or would that only cost them more in lost customers?
-
Five Retirement Planning Traps You Can't Afford to Fall Into, From a Wealth Adviser
To help ensure you reach your savings goals and enjoy financial security in your golden years, be aware of these common pitfalls. The key is to be proactive, informed and flexible.
-
Your 401(k) Can Now Include Alternative Assets, But Should It? A Financial Adviser Weighs In
Many employer-sponsored plans offer limited investment options, which can stunt growth. But participants considering alternatives might need some sound advice to get the most from their accounts.
-
Will Taxes Shred Your 401(k) or IRA During Your Retirement? It's Very Likely
Conventional wisdom dictates that you save in a 401(k) now and pay taxes later, but turning that rule on its head could leave you far better off. A financial planner explains why.