Aretha Franklin’s Sons Awarded Real Estate, Thanks to a Will Found in a Couch

by Tomás Mier

A judge awarded Aretha Franklin’s sons the singer’s real estate after reviewing a handwritten 2014 will that was found between couch cushions, Associated Press reports.

The new decision comes four months after a jury decided that the document was valid despite being hard to read. The will was signed with the letter “A” and a smiley face. The handwritten document overrides a will from 2010 that was found in 2019.

The decision was a major victory for Franklin’s youngest son, Kecalf, who had been arguing in favor of the document’s validity as it seemed to suggest the Queen of Soul — who did not leave a formal will — wanted him to assume control over her estate.

Kecalf had the support of his brother and Franklin’s second eldest son, Edward. However, Kecalf’s efforts were opposed by Franklin’s third son, Ted White, as well as the guardian for her eldest son, Clarence, who has special needs.

Kecalf will inherit a $1.1 million property in the suburbs of Detroit, while Ted White II was given another house that was sold by the estate for $300,000 before the wills emerged. Edward was also awarded a separate property thanks to the 2014 will.

“This was a significant step forward. We’ve narrowed the remaining issues,” Charles McKelvie, an attorney for Kecalf, told the AP.

The document discovered in the couch (dated 2014) was one of two found in Franklin’s home in 2019, along with another 11-page document dated 2010. While all of Franklin’s sons agreed the 2010 document was a valid will, a contentious legal battle emerged over whether Franklin had actually signed the 2014 document, thus validating it so it would supersede the one from 2010.

While both documents appeared to indicate that Franklin wanted her four sons to split the income from her music and copyrights, there were some significantly different stipulations between the two. In the 2014 document, Franklin appeared to bequeath the $1.1 million home to Kecalf, while the 2010 will divided Franklin’s assets more evenly amongst her heirs.

Additionally, the 2010 doc included some conditions for Kecalf and Edward should they want to take control of Franklin’s estate: The two “must take business classes and get a certificate or a degree,” Franklin wrote at the time — conditions she did not include in the 2014 document.

Franklin owned a total of four homes. She died in 2018 of pancreatic cancer.

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Aretha Franklin’s Sons Awarded Real Estate, Thanks to a Will Found in a Couch

The Fortress: Protected by Secrecy and Ageism

by Gretchen Rachel Hammond
Part five of five
At the Oakland County Probate Court, relationships between the four judges as well as those between the judges and the attorneys who work in their courtrooms are not simply limited to judicial campaigns. They have a history that is not always on the surface.

Judge Jennifer Callaghan

Judge Jennifer Callaghan, who began her career as an Assistant Attorney General, was hired by Oakland County Public Administrator John Yun in 2010 as an associate attorney and regularly took guardianship and conservatorship cases at the Oakland County Probate Court. When Callaghan ran for Oakland County Probate Judge in November 2016, Yun’s office served as her campaign headquarters, where she received almost $160,000 in contributions.

Oakland County Probate Chief Judge Kathleen Ryan, retiring probate judge Elizabeth Pezzetti, and Judges Linda S. Hallmark and Daniel A. O’Brien attended as “Honored Guests.” Ultimately, Callaghan won with 68 percent of the vote.

Callaghan’s husband Sean is an FBI agent serving in the Detroit office.

Her Judicial Staff Attorney Christine A. Waid used to work for former Oakland County Public Administrator Jon Munger. His firm’s email address is still listed on her profile at the State Bar of Michigan (SBM) and her name is included an attorney with the firm listed as a defendant in a 2016 lawsuit.

Jon B. Munger

Yun and former Oakland County Public Administrator Jon B. Munger worked out of the same address on Gateway Park Drive in Clarkston, Michigan, before Munger relocated his Munger & Associates headquarters half a mile down the street. While Callaghan recuses herself as judge in Yun cases, Munger regularly appears in front of her.

The ongoing deceased estate hearings concerning musician and civil rights activist Aretha Franklin, who passed away in August 2018 without leaving a will, is presided over by Callaghan.

As he is presently the guardian to Franklin’s eldest son, Clarence, Munger is an interested party in the case.

Judge Linda S. Hallmark was appointed as Oakland County Probate Court Judge in 1997 by then–Governor John Engler (R) after spending three years in private practice at May’s then–law firm May & May, PC. She has been unopposed since taking the bench.

May has donated not only to judicial campaigns, but to individuals running for Michigan’s House and Senate.  ...

Civil Death for the Developmentally Disabled
According to a March 2018 report released by the National Council on Disabilities, an estimated 1.3 million Americans with disabilities have been directly impacted by guardianship. [Dohn] Hoyle asserts that 73 percent of Michigan’s developmentally disabled population are under some form of guardianship.

Dohn Hoyle

We have kind of a mill,” he says. “The issue isn’t one of a blindfolded lady justice deciding upon whether they need one or not. It’s automatically assumed. The system continues to portray the necessity of guardianship.”

In its report, the Council took the system to task.

“It has often been noted that an individual subject to guardianship moves through the world indistinguishable from the rest of the population,” the report noted, “except that he or she has undergone a kind of civil death and is no longer permitted to participate in society without mediation through the actions of another if at all.”

The report’s key findings stated that “people with disabilities are widely (and erroneously) seen as less capable of making autonomous decisions than other adults regardless of the actual impact of their disability on their cognitive or decision-making abilities. This can lead to guardianship petitions being filed when it is not appropriate and to guardianship being imposed when it is not warranted by the facts and circumstances.”

“Prisoners have more rights than people under guardianship,” Hoyle says. “I don’t think people recognize that, they ignore it or don’t pay attention to it. So, probate judges are able to continue what they’ve always done, which is not to the benefit of the people who are given guardians.” 

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The Fortress: Part Five of Five: Protected by Secrecy and Ageism

Tonight on Marti Oakley's TS Radio Network: LIVE WITH INVESTIGATIVE JOURNALIST GRETCHEN RACHEL HAMMOND:

5:00 pm PST…6:00 pm MST…7:00 pm CST…8:00 pm EST

Award-winning investigative journalist Gretchen Rachel Hammond spent the past 13 months independently investigating a systemic problem at the Oakland County Probate Court, which has allegedly been shielded by the highest levels of Michigan government for the past 30-some years.

The guardianship system isn’t new; in fact, it’s rooted in medieval English law. Every US state still uses some form of the system, which, at its best, is designed to protect citizens who are no longer able to protect themselves by declaring them wards of the state. We know, of course, that the system is rarely at its best, with increasing reports of abuse cropping up nationwide, prompting Congressional calls for reform.

But the level of controversy over how guardianship cases are handled in one Detroit-area probate courtroom has reached such heights, the story reads more like Orwellian fiction than it does a model of the American experience.

An unsettling number of accusations have been leveraged against the court, citing abuse, neglect, robbery, and exploitation, often in cases that arguably didn’t merit guardianship in the first place. In as little as a year, “incapacitated wards” are stripped of the entirety of their savings and possessions and rendered completely reliant upon social services and benefits such as Medicaid. Even high-profile families, including the estates of Rosa Parks and Aretha Franklin, have been drawn into the quagmire.

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Aretha Franklin's Son Scores in Court Over Singer's Alleged Handwritten Wills

The three handwritten wills found in Aretha Franklin’s home, following her death, will now be examined to determine if they are authentic.

According to court documents obtained by The Blast, a Michigan Court Judge has granted a motion filed by Aretha’s son, Kecalf Franklin, to have the wills looked at by an expert.

The judge ruled that an expert will have four hours with the handwritten wills and can bring a microscope to the court.

Kecalf has been demanding an expert be allowed to look at the wills, which all grant him more power with Aretha’s estate than he has currently.

Earlier this year, Kecalf Franklin went to court to file docs seeking to take complete control of Aretha’s estate and wants Owens removed ASAP.

He accused her of mismanaging the estate and failing to perform her duties. Kecalf requested the judge appoint him as the successor and allow him to completely manage all aspects of Franklin’s business.

Kecalf claimed Owens has failed to provide the heirs any accounting or inventory of his mother’s property and assets. He wants to a full list of her jewelry, masters, Grammys, gold records and other awards.

He called Owens out for not communicating about the new business deals being negotiated. Kecalf claimed to know nothing about the announced television show Genius and the scheduled MGM biopic about Aretha’s life.

The heir even claimed they have been given no information about the investigation of her music catalog worth or the investigation of forgery of her checks. He also wants information about the audits being done on her IRS tax returns from 2012 – 2018.

Owens fired back denying Kecalf’s allegations she has left the heirs in the dark. She claims to be handling all responsibilities of the estate on time and properly.

She said inventory hasn’t been done yet but blamed the heirs for delays. Owens was adamant Kecalf and the other siblings have been updated constantly about the business affairs.

Owens also revealed since police did not press charges over alleged stolen property of Franklins, the estate is preparing a civil lawsuit. She asked the court to deny all requests by Kecalf and keep her on.

Recently, Kecalf went to court accusing the personal representative of the estate of failing to tell him or his siblings about a variety of issues.

As The Blast previously reported, the estate rep recently claimed to have found three handwritten wills that Franklin left in secret spots around her home.

Aretha’s son Edward Franklin also filed docs backing his brother Kecalf in the move to remove the current personal representative of the estate and put himself in charge.

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Aretha Franklin's Son Scores in Court Over Singer's Alleged Handwritten Wills

Judge could consider handwriting expert for Aretha Franklin's will

FILE - In this Tuesday, May 17, 2011 file photo, Aretha Franklin performs during a star-studded double-taping of "Surprise Oprah! A Farewell Spectacular," in Chicago. (AP Photo/Charles Rex Arbogast, File)

PONTIAC, Mich. (AP) — A judge is expected to consider a request for a handwriting expert to examine wills discovered in couch cushions after Aretha Franklin's death.

A hearing is scheduled Tuesday in Oakland County Probate Court, north of Detroit.

A handwritten 2014 document shows Franklin apparently wanted her son, Kecalf Franklin, to serve as the representative of her estate, which might be worth millions.

But lawyers for Franklin's estate have said "there is no basis" to believe Kecalf Franklin has those skills.

After Franklin's death last August her heirs agreed to put the estate in the hands of Franklin's niece, Sabrina Owens, who is a university administrator. Attorneys for Theodore White II said in a court filing that White should be named co-executor, along with Owens.

White and Owens' names appeared in a 2010 handwritten will, but were crossed out in the 2014 document.

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Judge could consider handwriting expert for Aretha Franklin's will

Three wills purportedly written by Aretha Franklin found in late singer's home

Aretha Franklin purportedly had three different wills

By Sandra Gonzalez

(CNN)The family of Aretha Franklin is headed to court over three wills purportedly handwritten by the late singer. 

The so-called "holographic wills" were discovered earlier this month by Sabrina Owens, the personal representative of the Aretha Franklin Estate. They contained within them what the estate called "potential areas of protest."

 

Attorneys for Franklin's four sons were unable to resolve the issue and are therefore headed to court to determine if the wills are admissible to probate.

 

Two of Franklin's sons are opposing the admission of the wills. The documents are dated June 21, 2010; October 20, 2010 and March 31, 2014, according to a court filing regarding the matter.

 

CNN has reviewed the documents. The will dated June 2010 makes reference to Franklin's high blood pressure and a mass on her pancreas.

 

The singer died August 16, 2018 from pancreatic cancer. 

 

"As this new development is also a family matter, [Owens] remains neutral and wishes that all parties involved make wise choices on behalf of their mother, her rich legacy, the family and the Aretha Franklin Estate," a statement from the estate read. 

 

According to the court docket, a hearing is expected Thursday at 10 a.m. in Oakland County, Michigan.

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Three wills purportedly written by Aretha Franklin found in late singer's home

See Also:
Aretha Franklin's estate in turmoil as police investigate theft

Aretha Franklin's lack of a will could make things rocky for heirs

Aretha Franklin left no will or trust, court records show

Aretha Franklin's estate in turmoil as police investigate theft

© Provided by Gannett Co., Inc. Singer Aretha Franklin poses on the red carpet before the 38th Annual Kennedy Center Honors in Washington, DC.

The Bloomfield Township, Michigan, police department is investigating a theft from Aretha Franklin's estate, which has been embroiled in controversy both before and since the late singer's death.

Police Lt. Timothy Abbo told the Detroit Free Press late Thursday an active theft investigation is underway involving the Queen of Soul's suburban mansion, but that it started before Franklin's death. He offered no further details.

Franklin died of pancreatic cancer in August in her Detroit riverfront apartment at the age of 76. At the time of her death, she still owned her 4,148-square-foot Colonial-style home in Bloomfield Township, which has drawn scrutiny by the Internal Revenue Service.

The theft investigation was first reported by The Blast, a celebrity news website that says Franklin's estate is locked in a battle with Franklin’s 61-year-old son, Edward, who was born when the singer was just 14.

Edward, The Blast reports, has been trying to get a court order to force the estate to produce monthly financial documents to Franklin’s heirs. But the estate won't turn over the information because, it claims, that could negatively impact the criminal investigation involving missing assets from the estate.

As of late Thursday, the Free Press could not reach attorney David Bennett, the estate's lawyer, for comment.

In December, the IRS filed a claim in Oakland County Probate Court alleging the Franklin estate owed millions in back taxes and penalties. An attorney for the estate told the Associated Press that at least $3 million in back taxes had been paid back to the IRS since Franklin's death.

According to TMZ, which cited court records in a December report, the late singer owed more than $6.3 million in back taxes from 2012 to 2018 and $1.5 million in penalties.

"All of her returns have been filed," attorney David Bennett told the AP. "We have disputes with the IRS regarding what they claim was income. We claim its double-dipping income because they don't understand how the business works."

According to Bennett, Franklin had a lot of expenses whenever she toured.

"She had to pay for transportation, hotel rooms, backup singers, musicians. When she did that, the IRS was questioning the returns she filed," Bennett said. "We're going through audits. Returns were filed as timely as we could get them filed."

Oakland County court documents did not mention the value of her estate, which could run into the tens of millions.

Just weeks after her death, Franklin's Bloomfield Township home, which is part of a gated community, was listed for sale for $800,000, but it has since been taken off the market, according to Realtor.com. The custom-built brick home features six bedrooms, seven bathrooms, white marble floors and floor-to-ceiling windows overlooking two small ponds and a lap pool. There's also a sauna, a three-car garage and a jetted tub.

Franklin reportedly bought the home for $1.2 million in 1997, according to the Detroit News. It was built in 1990 and remodeled in 2002.

During her career, Franklin had been the target of a number of lawsuits by creditors.

In 2008, Franklin said an attorney's mistake caused her $700,000 mansion in Detroit to slip into foreclosure over $445 in taxes and late fees. In 2015, a condo association sued Franklin in Oakland County Circuit Court over $11,500 in homeowner fees on her condo.

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Aretha Franklin's estate in turmoil as police investigate theft

Aretha Franklin left no will or trust, court records show

The finances of an intensely private Aretha Franklin soon will become very public in Oakland County Probate Court because she left no will or trust.

Her four sons filed a document Tuesday afternoon listing themselves as interested parties in her estate. One document filed with the court and signed by her son Kecalf Franklin, and her estate attorney, David Bennett, check a box acknowledging the absence of a will.

"The decedent died intestate and after exercising reasonable diligence, I am unaware of any unrevoked testamentary instrument relating to property located in this state as defined" under the law, the form reads.

Franklin's niece Sabrina Owens asked the court to appoint her as personal representative of the estate. The case is assigned to Judge Jennifer Callaghan.

"I was after her for a number of years to do a trust," said Los Angeles attorney Don Wilson, who represented Franklin in entertainment matters for the past 28 years. "It would have expedited things and kept them out of probate, and kept things private."

As Franklin's attorney in copyright matters, song publishing and record deals, Wilson said he would have been consulted about her holdings for any estate planning purposes.

 Wilson said that at this point it's impossible to place a dollar figure on the value of her song catalog. He said she did maintain ownership of her original compositions, which include well-known hits such as "Think" and "Rock Steady." 

Under Michigan law, the assets of an unmarried person who dies without a will are divided equally among any children.

Franklin's decision to not create a will before she died could prompt a court battle over her assets by creditors or extended family members seeking a portion of her estate. One case Wilson has been involved with is that of musician Ike Turner, whose estate is still being litigated 11 years after his death.

"I just hope (Franklin's estate) doesn't end up getting so hotly contested," Wilson said. "Any time they don't leave a trust or will, there always ends up being a fight."

Wilson said many people, famous and not, fail to prepare a will.

"Nobody likes to give careful thought to their own demise," he said.

Franklin died Thursday at home in Detroit. Her funeral is Aug. 31 at Greater Grace Temple, following public viewings at the Charles H. Wright Museum of African American History (Aug. 28-29) and New Bethel Baptist Church (Aug. 30).

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Aretha Franklin left no will or trust, court records show