Money

Say A Little Prayer: The Queen Of Soul Dies Without A Will

Discord is likely to arise amongst the heirs.

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(MOLLY RILEY/AFP/Getty Images)

In her most famous anthem RESPECT, Aretha Franklin, sings: “I’m about to give you all of my money.” This week the Queen of Soul’s four adult sons are surely receiving this message, as the heirs to their mother’s eighty million dollar fortune.

The sons’ inheritance, however, is not prescribed by their mother who died without a Will. Instead, the State of Michigan’s intestate laws will “sock it to them,” that’s right, Aretha Franklin, winner of 18 Grammy awards and the first woman to be inducted into the Rock and Roll Hall of Fame died without a Will.

Although it is not uncommon for individuals, even those of great wealth to die without a Will (e.g. Prince), it is particularly striking in this case, because Franklin was no stranger to courts, lawyers and legal controversies. Throughout her professional life Franklin was the subject of numerous lawsuits involving, defamation of character, creditor issues for non-payment of vendors and tax controversies. Having so much interaction with attorneys and so much control over her business, it is shocking that a Will or some kind of final directive, especially pertaining to her music royalties, has not surfaced.

In certain cases the laws of intestacy may distribute your estate just as you would dictate in a Will. It is possible that had Franklin executed a Will, her sons, the natural object of her bounty, would also be her Will beneficiaries. A Will, however, provides much more than specifying legacies. A probate proceeding, when a Will is offered to a court, moves faster than an intestate or administration proceeding and requires less proofs in order to get court authorization to marshal a decedent’s assets. Often fiduciaries in administration proceedings need to secure a surety bond before serving, while in probate proceedings they often do not. Estates involving complex assets, such as music royalties or real estate require special mechanisms for administration that only a Will can provide. Perhaps most important, the laws of intestacy do not provide vehicles for the distribution of assets to disabled beneficiaries. Under a Will you can direct that a disabled beneficiary’s inheritance is held in a special needs trust preserving her government benefits in the event she receives an Estate bequest.

Given Franklin’s known desire for privacy, as is common with public figures, she would have benefited from the establishment and funding of a revocable trust in lieu of a Will. Franklin could have transferred all of her assets to a trustee to administer in a trust during her lifetime. Franklin could have even served as her own trustee. The trust, upon the settlor’s death is not filed with the probate court and therefore provides great privacy as to the identity of beneficiaries and assets. It is also more arduous to challenge the validity of a trust than it is to question a Will.

Estate administration is difficult because we are forced to settle the decedent’s personal and financial matters all the while grieving a loss. In complex estates, and ones without planning, the risk for disagreement amongst the heirs, or worse litigation, runs high. Hopefully, Franklin’s heirs, in return for their inheritance, will do as their mother sang and give her propers and respect… just a little bit.

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Cori A. Robinson is a solo practitioner having founded Cori A. Robinson PLLC, a New York and New Jersey law firm, in 2017. For more than a decade Cori has focused her law practice on trusts and estates and elder law including estate and Medicaid planning, probate and administration, estate litigation, and guardianships. She can be reached at cori@robinsonestatelaw.com. 

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