Sister Is Doing It For Herself

When Aretha Franklin died last August, she was reported to have died without a will.  The administration of her estate proceeded accordingly.  This week her lawyer of 40 years said that her family had found three handwritten wills, two from 2010 and one from 2014, in her house.  The 2010 wills were in a locked cabinet while the 2014 will was in a spiral notebook under a couch cushion.  The wills look like gibberish at first glance.  A court will determine their validity in June.

Several points:

1.  Michigan law provides that wills should be signed in the presence of two witnesses (same as Ohio).

2.  Michigan allows for holographic (i.e. handwritten) wills if it is certain the writing is intended to be the person’s will and it is dated.

3.  Writing in a spiral notebook under a couch cushion rarely looks to be the final thoughts regarding the disposition of one’s assets.

4.  If someone has millions of dollars and millions more in expected music royalties, she should pay a lawyer to prepare a properly drafted will and trust and let the attorney keep it so there is no posthumous doubt about her wishes.  Get it right.

Photo Credit:  Mary Altaffer for AP
License:  Fair Use/Education (from linked article)

The Longshot

Comedian Tim Conway died today.  He started his career on “McHale’s Navy” and was best known for his role on “The Carol Burnett Show.”  During the last year of his life, his daughter from his first marriage squabbled with his second wife of 35 years over his medical care.  The daughter sought to be appointed conservator (i.e. guardian) of him even though Conway had executed a health care power of attorney designating his wife as his health care decision maker.  The daughter’s petition was denied and eventually the wife was designated as the conservator.  The daughter said she would continue to be an advocate for children seeking visitation denied by a step-parent.

Several somewhat redundant points:

1.  Because Conway had executed a financial power of attorney and health care power of attorney in favor of his wife, a conservatorship was unnecessary because those documents determined his wishes.

2.  It is bananas that animosity between a child and step-mother does not subside after 35 years of marriage.

3.  The daughter’s declaration of victory and promise of advocacy after having no legal basis for her position and then being thwarted by the court is Trumpian. 

Photo Credit:  Fox News video
License:  Fair Use/Education