Shortly after Aretha Franklin passed, we learned that according to court documents, the legendary singer did not have a will when she died. Franklin, who died August 16, 2018, at age 76, left behind four sons, but no guidance on how to distribute her reported $80 million estate. According to The New York Times, her sons filed paperwork in Oakland County, Michigan, indicating that she died intestate — that is, without a will. The sons nominated Franklin’s niece to serve as the personal representative of the estate. When someone dies without a will, the estate is divided according to state law. Under Michigan law, an unmarried decedent’s estate is distributed to his or her children.
However, by not having a will or trust, Franklin’s estate will have to go through a long public probate process, which will likely cost her estate considerable money. If Franklin, who was quite private in life, had created an estate plan that included a will and a trust, she could have avoided probate and kept the details of her financial circumstances private. Her eldest son reportedly has special needs, which presents other potential complications. In addition, by not having a will, Franklin has opened her estate up to potential challenges that could drag out the probate process. Without a will to clearly state the decedent’s intent, litigation resulting from family conflicts often reduces the assets of an estate.
Also, because Franklin did not plan, the estate will be subject to unnecessary estate taxation. Although she may not have been able to avoid estate tax entirely, there are steps she could have taken to reduce the amount her estate will have to pay.
Franklin’s attorney, Don Wilson, who represented her in entertainment matters for over 20 years told the Detroit Free Press, “I was after her for a number of years to do a trust. “It would have expedited things and kept them out of probate, and kept things private.”
Estate planning is important even if you don’t have Aretha Franklin’s assets. It allows you, while you are still living, to ensure that your property will go to the people you want, in the way you want, and when you want. It permits you to save as much as possible on taxes, court costs, and attorneys’ fees; and it affords the comfort that your loved ones can mourn your loss without being simultaneously burdened with unnecessary red tape and financial confusion.
If you or someone you know would like to create a comprehensive estate plan, please contact our firm.
