Typically, only those of us who are trusts and estates attorneys geek out over the fascinating problems that handwritten wills create. But when those wills were written by a music icon worth $80 million, suddenly this topic is intriguing to a much broader audience. Aretha Franklin died on August 31, 2018. Her family was confident that she died without a will, but on May 3, 2019, the personal representative of Franklin’s estate discovered three separate documents, each of which may constitute a valid handwritten (or in legal terms, “holographic”) will. Now, the previously uncontested estate has divided Franklin’s family and is likely headed to litigation. Below are a few common pitfalls of holographic wills that are issues in Franklin’s estate.
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