Schimel Comments on Aretha Franklin Will Dispute
Pryor Cashman Counsel Michael Schimel, a member of the Trusts + Estates Practice, spoke with Vulture about the dispute over R&B legend Aretha Franklin’s will—specifically, the two conflicting documents that each purport to be the directive for her estate.
In “Well Guess What? So Is Her Money,” Michael talks about how it’s not necessarily unusual for high-net worth individuals to not have a formal will:
“Although a will is something important that nearly everyone should have, regardless of their wealth or celebrity status, having one drawn up involves acknowledging and confronting one’s own mortality, which is a topic that is uncomfortable for many,” said Michael Schimel, an attorney at Pryor Cashman LLP. “That means a lot of people either put it off or perhaps fail to follow through. That can result in either a lack of having a will done in the first place, or the failure to make an important change later on. And, of course, life gets busy, and preparing or updating an estate plan can fall to the wayside.”
He also addresses the issue of the dueling wills:
Schimel said it’s all going to come down to figuring Franklin’s true intent in writing the wills.
“Ultimately a court will want to uphold the person’s true wishes — as long as they are not contrary to the public policy of the state,” Schimel said. “This is because of the general principle that a person should be able to dispose of their property on death as they wish … their intent matters because it speaks to what they wanted to happen to their property at death.”
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