Aretha Franklin left 3 handwritten wills, but will they stand in court?



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The legendary singer Aretha Franklin reportedly left three handwritten wills at her home in the suburbs of Detroit, after initial reports indicated she had not, but now one wonders if the documents will be considered as legal.

Franklin was 76 years old when she died of cancer last year and, while her personal attorney had stated that he was "looking for her for a number of years" to create a will, it seems that she has taken some advice, although perhaps without telling him.

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One of the wills was discovered under sofa cushions, while two would be in a locked closet. The singer would have been notoriously private about her finances.

Two of the wills date from 2010, while the most recent is from March 2014. The most recent one generally cancels the previous ones.

New York lawyer Natalie Elisha Gold told FOX Business that the handwritten testament is generally qualified as holographic and that it is allowed in some states. According to Gold, in Michigan, for a hologram to be able to stand, it must be dated, signed by the testator, contain important parts of its writing and make it clear that the document was intended to serve as a testament.

"It seems clear from what we know that there was a date on the will and that this one indicated the last will on the document," Mr. Gold said.

A lawyer from Franklin filed all three documents in court on Monday. However, according to the estate, two of Franklin's four sons oppose the will. This is another factor that could mean that Franklin's will will not hold.

"If Aretha had arranged for a lawyer to preside over his will, it is likely that she would have had a more posthumous control of her affairs," Gold said. "Now, there is definitely a legal battle that will not do well to give Aretha his last R-E-S-P-E-C-T."

As previously reported by FOX Business, with no plan in place, Franklin's property would be distributed in a probate court under a process known as intestate succession. Although the laws differ from one state to another with regard to asset allocation, generally, without legal documents, some of the deceased's property is divided equally among children, while others tend to a spouse. The state where the death occurred will have jurisdiction over who gets what.

Unsurprisingly, it's not always clear.

"It gets a lot more complicated if you have things like a farm or a family vacation home. Or if you have music rights and publishing, as in the case of Aretha Franklin, "told FOX Business, Dave Hanley, CEO and founder of the Trust Tomorrow testamentary creation app .

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For an average person, the intestate estate may cost more because the process has to go through the court system.

"It's not about saving taxes, it's about saving money," Amy Joyce, partner at Margolin, Winer & Evens, told FOX Business. "[Creating a will] is usually very cheap … This could allow the family to save ten times more than it would cost [to make one]. It's a relatively modest financial investment for peace of mind. "

Experts told FOX that business people should create wills when they reach the age of majority, updating them throughout their lives. A will does not come into effect until the death of an individual.

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