Posted in Triplett & Carothers on September 4, 2025
When Aretha Franklin died in 2018 after a six-decade career, she left behind a legacy of more than 75 million record sales, 17 top 10 hits and 112 charted Billboard singles. She also left a home, valuable personal property and ongoing royalties and licensing income. But she had no formal estate plan. Instead, two separate handwritten wills surfaced. The documents agreed on one point — that her four sons would share estate profits, including future earnings from her recordings — but conflicted over who would control the estate. A trial was needed to decide which will was valid.
Confusing paperwork
An 11-page document dated June 2010 was found locked in a cabinet with other important papers. It named one of Franklin’s sons, Ted White (known professionally as Teddy Richards), and her niece, Sabrina Owens, as co-executors. It also included a requirement that her sons Kecalf Cunningham and Edward Franklin complete business
classes and earn a certificate or degree before receiving benefits from the estate.
The other document, dated 2014, was found in 2019 in a spiral notebook wedged between couch cushions. It was hard to read. It still listed Owens as an executor but replaced White with Cunningham. It divided her royalties and bank accounts evenly, but gave Cunningham ownership of Franklin’s main home in Bloomfield Hills, Michigan (valued at $1.1 million at the time of her death). This later version made no mention of business class requirements. Both documents stated that her eldest son, Clarence Franklin, who lives under guardianship, must receive regular support.
Generally, a newer will supersedes an older one, but probate laws vary by state. During the trial, White’s attorney noted that the 2010 will was notarized and signed, while the 2014 version was signed but not notarized. Still, it took the jury just one hour to conclude that the latter will reflected Franklin’s final wishes. (Clarence was not part of the litigation; he received an undisclosed amount in a pretrial agreement.)
At the time, the estate’s estimated value was between $6 million and $80 million, depending on asset types and debts. It included Franklin’s main home, several other houses, furs, jewelry, music-related assets and bank accounts. Owens, who handled personal and business matters such as licensing, award shows and film negotiations about the singer’s life, was named co-executor in both wills. She ultimately stepped down, saying Cunningham was creating conflict — something she believed Franklin, who valued family harmony and privacy, would not have wanted.
The IRS also challenged the estate, claiming Franklin owed nearly $8 million in unpaid taxes. Her children didn’t begin receiving profits until the tax debt was resolved in 2022.
Legality has value
Franklin’s values would have been easier to uphold if she had left a valid, properly executed will. Instead, she left her heirs to argue for five years about her true intentions. She also created confusion by not making it clear how her wishes had changed or ensuring those changes were legally binding.
Your estate plan should begin with a valid will that complies with the laws of the state where you legally reside. Any updates should be legally executed as well; a draft may not be enforceable. Otherwise, your family may end up in court and your most recent intentions may not be honored.
You’re not required to share the contents of your will, but communicating your estate plan and long-term goals can help prevent costly disputes — especially if someone feels excluded from what they see as a rightful or an expected inheritance.
Reach out to Roz Carothers and her team at Triplett & Carothers to learn more.
©2025