Aretha's lack of a will could make things rocky for heirs
Associated Press Sunday, September 02, 2018
A person holds a program during the funeral service for Aretha Franklin at Greater Grace Temple, Friday, Aug. 31, 2018, in Detroit. Franklin died Aug. 16, 2018 of pancreatic cancer at the age of 76. (AP Photo/Paul Sancya)
Credit: The Associated Press
A person holds a program during the funeral service for Aretha Franklin at Greater Grace Temple, Friday, Aug. 31, 2018, in Detroit. Franklin died Aug. 16, 2018 of pancreatic cancer at the age of 76. (AP Photo/Paul Sancya)
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A person holds a program during the funeral service for Aretha Franklin at Greater Grace Temple, Friday, Aug. 31, 2018, in Detroit. Franklin died Aug. 16, 2018 of pancreatic cancer at the age of 76. (AP Photo/Paul Sancya)
Edward Franklin, son of Aretha Franklin, performs during the funeral service for his mother at Greater Grace Temple, Friday, Aug. 31, 2018, in Detroit. Franklin died Aug. 16, 2018 of pancreatic cancer at the age of 76. (AP Photo/Paul Sancya)
Family members, clockwise from foreground left, Cristal Franklin, Victorie Franklin, Jordan Franklin and Vaughn Franklin embrace during the funeral service for Aretha Franklin at Greater Grace Temple, Friday, Aug. 31, 2018, in Detroit. Franklin died Aug. 16, 2018 of pancreatic cancer at the age of 76. (AP Photo/Paul Sancya)
Jordan Franklin, left, pauses alongside his sister Victorie Franklin while speaking about their grandmother, Aretha Franklin, during the funeral service for the legendary singer at Greater Grace Temple, Friday, Aug. 31, 2018, in Detroit. Franklin died Aug. 16, 2018 of pancreatic cancer at the age of 76. (AP Photo/Paul Sancya)
Flowers sit atop the casket during the funeral service for Aretha Franklin at Greater Grace Temple, Friday, Aug. 31, 2018, in Detroit. Franklin died Aug. 16, 2018 of pancreatic cancer at the age of 76. (AP Photo/Paul Sancya)
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LOS ANGELES — Aretha Franklin was so hard-nosed in her business dealings that she demanded to be paid in cash before performing. Her heirs won't have it so simple.
Though she lived to 76 and was terminally ill with pancreatic cancer, the Queen of Soul died without a will.
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As her four sons and other family members move on from Friday's funeral in Detroit, they're left with the potentially tall task of finding out how many millions she was worth, and divvying it up, a process that could take years and is likely to play out in public.
Estate law experts expressed surprise but not shock that a wealthy person like Franklin would put off making a will until it was too late. At least one of the singer's attorneys says he urged her repeatedly over the years to draft one.
"I tried to convince her that she should do not just a will but a trust while she was still alive," says Don Wilson, a Los Angeles lawyer who worked on entertainment matters for Franklin for nearly 30 years. "She never told me, 'No, I don't want to do one.' She understood the need. It just didn't seem to be something she got around to."
Laura Zwicker, an attorney who specializes in estate planning but is not affiliated with the Franklin estate, says she sees it happen all too often in her work.
"People don't like to face their own mortality," Zwicker says. "I had a client who had a $70 million real estate portfolio who had had end-stage diabetes. He had plenty of conversations with me about estate planning but would not sign the documents."
Papers filed in Michigan's Oakland County court last week by David J. Bennett, the lawyer who worked most closely with Franklin, lay out the few known basics:
She was not married and left four sons, ages 48 to 63: Clarence Franklin, Edward Franklin, Kecalf Franklin and Ted White Jr. Clarence, Aretha's eldest, is incapacitated and is represented by a guardian. And a niece of hers has accepted the role of executor.
Under Michigan law, as in most states, the sons will equally divide their mother's assets in the absence of a will, and so far no signs of conflict have emerged among family members. Bennett did not respond to phone and email messages seeking comment.
Aretha Franklin's friend Ron Moten, a Michigan businessman, gave the four sons some guidance in his speech at Friday's funeral.
"Remember your family, and friends that have been with you for years," Moten told the men. "Because you are about to meet a lot of people who will now want to be your new best friend. You will also meet some people that will have the best investments in the world for you. My advice? Go slow, be careful and be smart."
The documents make no mention of the value of Franklin's estate. The figure almost certainly runs into the tens of millions, but there will probably be widely varying estimates as her attorneys seek to downplay her wealth for tax purposes and the IRS tries to maximize the amount for its own reasons.
Franklin maintained ownership of the songs she wrote and did well by them, Wilson says, though of her major hits, "Think" is the only one that's her own composition. She also wrote some lesser hits, such as "Rock Steady."
Though her records were played millions of times, she earned little in radio royalties from smashes like 1967's "Respect" because such payments go overwhelmingly to the song's author, not the performer. In the case of "Respect," the royalties go to the estate of Otis Redding, even though the song owes nearly all its popularity to Franklin.
"I would imagine she probably felt she was entitled to more, but probably received more than a lot of artists from the time, especially African-American artists," Wilson says.
Among Franklin's more tangible assets are several pieces of property in the Detroit area that according to tax assessors' estimates are worth at least $2 million, with a market value that could easily be twice that.
Once the value is established — a process that could take years — the IRS will take any back taxes Franklin owed, then will tax her estate at 40 percent for any assets beyond $11.2 million.
Kenneth Abdo, an attorney who specializes in probate law and has worked on the estate of Prince, who also died without a will, says the IRS will conduct an audit of her holdings.
Wilson, her entertainment attorney, says she would not have wanted to see her finances publicly aired: "She was a private person."
As for why some clients don't make out a will, Zwicker said some heirs, like Franklin's son Clarence, may need more than others, and that can be a difficult and touchy decision for a parent.
"One arrangement may be fitting for one child, where other people need more help," Zwicker said. "To accept that and put it on paper can be hard for a parent."
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Sometimes you're the windshield, and sometimes you're the bug.
The aspect I find really upsetting is one of her son's is special needs. At the very least she should have set up a Trust for him. This could take a very long time to straighten out since her estate will have to be probated.
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Sometimes you're the windshield, and sometimes you're the bug.
That is so unwise especially because of her special needs child, Howard Hughes died without a will and I still believe Nobody but the lawyers benefited from it.
I mean legally, i would think the estate gets divided up between her 4 children.
Sure but it will take years to settle due to state laws, blah blah. In the mean time the special needs child is no longer being financially cared for in whatever manner he has been in which will cause a huge upset in his life. Not good for a special needs person.
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Sometimes you're the windshield, and sometimes you're the bug.
Once the debts are paid off what was left will be divided equally under the laws of intestate succession. Perhaps she knew this and perhaps she felt that the conservator for her disabled child and the other three children were mature and responsible when it comes to handling money. If that is the case, a will would really not be necessary.
That being said, depending on the value of her estate, and I would imagine it to be considerable unless it was eaten up by medical expenses during her last few years, coupled with the fact that perhaps she wasn't bringing in as much as she did in her glory days, she would have been a lot more considerate of her heirs if she had set up a trust. The trust could have avoided probate, too. But I don't know the kind of relationship she had with her children. It might be that she is of the mindset, "screw it, let them figure it out, I'll be gone anyway." (My in-laws have that mindset). A very selfish mindset, IMO.
Once the debts are paid off what was left will be divided equally under the laws of intestate succession. Perhaps she knew this and perhaps she felt that the conservator for her disabled child and the other three children were mature and responsible when it comes to handling money. If that is the case, a will would really not be necessary.
That being said, depending on the value of her estate, and I would imagine it to be considerable unless it was eaten up by medical expenses during her last few years, coupled with the fact that perhaps she wasn't bringing in as much as she did in her glory days, she would have been a lot more considerate of her heirs if she had set up a trust. The trust could have avoided probate, too. But I don't know the kind of relationship she had with her children. It might be that she is of the mindset, "screw it, let them figure it out, I'll be gone anyway." (My in-laws have that mindset). A very selfish mindset, IMO.
Had she had the will and trust they could have settled prior to any medical claims came in.
Which brings up a moral dilemma. Should Heirs pay the medical or skip out since they are not their responsibility?
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Sometimes you're the windshield, and sometimes you're the bug.
The only thing to divide are the keepsake spoon collection and the well used family Bible or Reader's Digest.
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A flock of flirting flamingos is pure, passionate, pink pandemonium-a frenetic flamingle-mangle-a discordant discotheque of delirious dancing, flamboyant feathers, and flamingo lingo.
The only thing to divide are the keepsake spoon collection and the well used family Bible or Reader's Digest.
But that creates more fights than money in many cases. Money is easy to divide - it just takes a calculator. Sentimental attachment is not so easy to divide.
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LawyerLady
I can explain it to you, but I can't understand it for you.
The only thing to divide are the keepsake spoon collection and the well used family Bible or Reader's Digest.
But that creates more fights than money in many cases. Money is easy to divide - it just takes a calculator. Sentimental attachment is not so easy to divide.
You can say that again. When DS' father passed, except for a few momentoes DS wanted we donated all his things to the Mission he lived and worked in. A nice flat screen TV, camping equipment, tools, and a boat load of clothing. All things the Mission needed. Had we opened that up to his siblings there would have been fights over the items.
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Sometimes you're the windshield, and sometimes you're the bug.
A flock of flirting flamingos is pure, passionate, pink pandemonium-a frenetic flamingle-mangle-a discordant discotheque of delirious dancing, flamboyant feathers, and flamingo lingo.
Yes. He had no children and wasn't married, and his parents were dead - that means it goes to his siblings, and if any of them are dead, their share to their children.
If you are going to be rich and die without a will, at least try to have one kid or die married.
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LawyerLady
I can explain it to you, but I can't understand it for you.
Did Michael Jackson have a will? I thought there was some issues with his estate
Yes, he did. And they tried to make an issue of his will - but it was pretty clear and followed his previous 3 wills almost identically, changing only to change one of the executors, and to add each of his children by name as they were born.
Michael's will put all his assets in a trust with 20% to charity, and the rest to his mother and children. His siblings were upset to be "cut out" but they are not natural heirs, anyway, since he had living children.
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LawyerLady
I can explain it to you, but I can't understand it for you.
