You can, but Franklin put her family through five years of expensive litigation that could have been avoided. That can make the process much less expensive, but the laws vary from state to state. Prepare your estate plan so the kids won't fight after you pass away.”Įstate attorneys often recommend that their clients establish revocable trusts, which can keep the estate out of probate court. “That's the last thing that mom and dad want. “Kids fighting after mom and dad pass is the oldest thing in the world,” said Patrick Simasko, who teaches elder law at Michigan State University's law school and has been following the Franklin case. Not necessarily, but estate lawyers strongly recommend them for most people to ensure that their wishes are carried out, and to avoid causing fights among their loved ones. Here's a look at some of the issues involved: And they say that lesson applies to other families, too. Legal experts say the fight could have been avoided if Franklin had had a formal will drafted by an experienced attorney who could have ensured that it specified what should become of her money, property and other possessions - and that it would hold up in court. And it ended in victory for Kecalf and Edward Franklin, whose lawyers had argued that papers dated 2014 should override a 2010 will discovered in a locked cabinet at the Queen of Soul’s home in suburban Detroit. It was a critical turn in a dispute that has turned her sons against each other. MINNEAPOLIS (AP) - The long, expensive court fight over the will of soul singer Aretha Franklin provides a cautionary tale for people who want to make sure their wishes are carried out after their death - and for their families.Ī Michigan jury determined on Tuesday that a handwritten document by Franklin that was found in her couch after her 2018 death was a valid will.
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