“Aretha – Queen of Soul”
Having grown up in Bloomfield Hills, Michigan myself and virtually a next-door neighbor of Ms. Franklin, I would often see her about town and at local events. Upon her passing, I could not believe she would not have had an elder law attorney helping her with her estate planning affairs. Here is a case where consulting an elder law attorney like me would have saved a lot of additional grief……. for everyone. “God bless the Queen of Soul”.
Aretha Franklin’s now‑famous handwritten wills are a textbook example of why Florida seniors should never rely on “DIY” handwritten documents and why working with a Florida elder law attorney who is experienced in estate planning for seniors — not just a basic estate planner lawyer. Florida’s strict execution rules mean that an unwitnessed holographic (fully handwritten) will like the ones that sparked years of fighting in Franklin’s family would almost certainly have been rejected in a Florida probate court.
Aretha Franklin’s Couch‑Cushion Will
In 2019, months after Aretha Franklin died in 2018, family members discovered multiple handwritten documents around her Bloomfield Hills, Michigan home, including a 2014 handwritten will folded up and stuffed between couch cushions in her living room. Earlier handwritten documents from around 2010 were also found in a locked cabinet, and different children favored different versions because each document treated the sons differently. So the family feud begins…….
A Michigan jury ultimately ruled in July 2023 that the 2014 “couch‑cushion” document—handwritten on notebook paper, signed “Aretha” with a smiley face in the letter “A,” and containing notes and scribbles in the margins—was a valid will under Michigan’s holographic will law. The court later held that this 2014 will controlled key real estate and overrode much of the earlier 2010 handwritten will, deciding which son received the “crown jewel” home and how several properties would be divided.
How Florida Treats Handwritten Wills
Florida draws a sharp line between a handwritten will that meets all statutory formalities and a true “holographic” will (a handwritten document with no proper witnesses). Under Florida Statutes section 732.502, every will—typed or handwritten—must:
- Be in writing and signed at the end by the testator (or by another person at the testator’s direction and in the testator’s presence).
- Be signed by at least two attesting witnesses, who sign in the presence of the testator and in the presence of each other.
- Ideally be “self‑proved” with a notarized affidavit under section 732.503, which avoids having to track down witnesses later.
Florida explicitly refuses to recognize unwitnessed holographic wills even if they would be valid in another state. A handwritten document found in a Florida senior’s desk, safe, or couch cushions that is not properly witnessed would generally be treated as no will at all, and the estate would pass under Florida intestacy law instead.
Why Aretha’s Will Battle Would Look Different in Florida
The very thing that saved Aretha Franklin’s 2014 couch‑cushion will in Michigan—the fact that it was entirely in her handwriting and signed by her—would not rescue it in a Florida courtroom if it lacked two attesting witnesses. In a Florida estate, competing unwitnessed handwritten documents scattered around the home would almost certainly have been ignored as invalid wills, regardless of how clearly they seemed to express her wishes.
Instead of fighting over which handwritten document controlled, the family would likely battle over intestacy rights, elective share claims, homestead rules, and who should serve as personal representative—issues that can be just as bitter and expensive. For a celebrity with multiple properties, valuable music rights, and blended family dynamics, the lack of a formally executed, Florida‑compliant will and revocable trust can turn every asset into a potential lawsuit.
Why She Needed an Elder Law Attorney
Aretha Franklin’s situation highlights that high‑profile seniors need more than a simple “estate planning” form—they need an elder law attorney who understands aging, incapacity, public benefits, and family systems, not just who gets what when they die. An experienced Florida elder law attorney would likely have:
- Insisted on a formally executed, witnessed, and self‑proved will and coordinated revocable trust, rather than scattered handwritten notes.
- Addressed incapacity, long‑term care, and potential guardianship issues through durable powers of attorney, health care surrogates, and living wills tailored to an older client with significant health concerns.
- Structured ownership of homes, royalties, and business interests to minimize public probate battles and keep intra‑family disputes out of the headlines.
For Florida seniors—whether celebrities or ordinary retirees with a homestead, retirement accounts, and maybe a vacation condo—the lesson from Aretha Franklin’s couch‑cushion will is simple: do not rely on handwritten notes, and do not stop at a basic internet-based will‑drafting website or form wills. Partnering with a Florida elder law attorney ensures that the plan complies with Florida’s strict signing requirements, anticipates health and long‑term‑care realities, and significantly reduces the risk that children will one day be fighting over papers pulled out of a couch.
What Counts as a “Holographic” Will in Florida
- A holographic will is a will written entirely in the testator’s handwriting, usually with no witnesses and no formal ceremony.
- Florida Statute 732.502(2) provides that oral (nuncupative) and un‑witnessed handwritten (holographic) wills are not valid in Florida under any circumstances.
If a handwritten will is properly signed and witnessed in compliance with section 732.502, Florida no longer labels it “holographic”—it is simply treated as any other valid will.
Execution Requirements for ALL Florida Wills That Control Contests
In a Florida will contest, the first question is whether the document meets the statute’s execution formalities. To be admitted to probate, the will must:
- Be in writing, signed at the end by the testator (or by another person at the testator’s direction and in the testator’s presence).
- Be signed by two attesting witnesses who sign in the presenceof the testator and of each other.
Any handwritten “will” or handwritten changes on the margins of a prior will that are not properly witnessed are treated as invalid holographic provisions and are disregarded in probate.
Out‑of‑State Holographic Wills in Florida Contests
- Florida generally recognizes wills executed by nonresidents if valid where signed, but specifically carves out an exception for holographic and nuncupative wills.
- Courts have refused to give effect to out‑of‑state holographic wills even when another state admitted them to probate; Florida courts have held that such documents still cannot pass Florida‑situs property.
In contests involving a foreign holographic will and Florida property, the Florida court will often treat the decedent as having died intestate as to Florida assets rather than honoring the out‑of‑state handwritten will.
Impact on Multiple‑Will and Revocation Disputes
When multiple documents exist, Florida probate judges first discard any unwitnessed handwritten wills or handwritten “updates” as invalid, then determine whether a properly executed later will revoked an earlier one. An unwitnessed holographic writing—even if it clearly purports to revoke a prior formal will—will not be treated as a valid revocation or as a new will in a Florida contest.
For litigators, this means that many “handwritten will” fights in Florida become contests over:
- Which formally executed will is last in time and valid.
- Whether intestacy rules apply because every purported will (or revocation) fails the execution requirements.
Practical Takeaway for Florida Probate
- Classic holographic wills (unwitnessed handwritten documents) are simply not part of the playing field in a Florida will contest; they are excluded at the threshold.
- Handwritten wills can be enforced, but only if they were executed with the same witness formalities as a typed will under section 732.502.
- When advising clients or litigating contests, the focus should be on proving or disproving compliance with the statutory formalities, rather than on handwriting or authenticity alone.
