03/13/2024
Most of you know of my passion to help individuals be the best steward to their families and ministry they love. As the Planned Gift Specialist at CCCB, I am always encouraged when people honor God with a Legacy Gift upon their passing in this world. Since God allowed you to "borrow" wealth during your temporal lifetime, it is only fitting we give back a portion as we enter eternity. What a great testament for our kids and grandkids to see. If you have an interest in supporting ministry education in your estate plan, you can contact me at CCCB.
Here is a short story about Aretha Franklin and her estate causing issues for her family.
Lessons From Aretha Franklin’s Holographic Will.
The Queen of Soul left a holographic will under a couch cushion. What happened next is a valuable lesson for church leaders.
Author: Richard R. Hammar, Attorney, CPA - ChurchLaw & Tax
Aretha Franklin left two wills.
One, drafted in 2010, specified how she wanted her $6 million estate distributed. But another, handwritten and dated 2014, laid out different terms. This handwritten will, discovered in Franklin’s home under a seat cushion after she died in 2018, was filled with cross-outs and insertions and was generally unintelligible.
Franklin’s heirs challenged the handwritten will—also known as a holographic will—and yet, a jury in July 2023 found it was valid, overriding conflicting provisions contained in Franklin’s 2010
will. A court now must decide whether the holographic will completely nullify the 2010 will.
The lessons from the late musician’s situation are important for many reasons, including what church leaders should know about how holographic wills may affect gifts involving their churches.
What is a holographic will? It is one written entirely in someone’s handwriting (the “testator”) and includes the testator’s signature.
Holographic wills are recognized in the majority of states (consult a local estate attorney to determine whether they’re recognized in yours), and are often considered valid even though no one
witnessed the testator’s signature. As a result, the provisions of such wills take precedence over provisions in prior wills that are executed in compliance with state law.
And, as seen in the Franklin case, because holographic wills are so easy to create, they have led to many disputes by family members, churches, and other charitable organizations regarding
their legal validity
