Aretha Franklin's Estate Mistake

By Chad Foster, Family Law Attorney · Updated July 17, 2026

Aretha Franklin's Estate Dispute

When Aretha Franklin passed away without a will, it made national headlines—and for good reason. Despite her success and wealth, her estate became the subject of prolonged legal disputes. Sadly, this scenario is not uncommon: nearly half of all U.S. adults still die without a will. With recent changes to Washington's estate tax and the federal exemption for 2026, proper planning is more important than ever.

As her longtime attorney Don Wilson noted, “It would have expedited things and kept them out of probate and kept things private.” Without a will or trust, families are often left navigating a complex and public legal process during an already difficult time.

The Benefits of Having a Will

Creating a will is one of the most important steps you can take to protect your loved ones and ensure your wishes are honored. Here’s what a will can do for you:

• Direct the distribution of your assets. Without a will or trust, Snohomish County’s intestacy laws determine who inherits your property. These laws follow a strict hierarchy that may not reflect your personal wishes.
• Appoint an executor. You choose who will manage your estate. Without a named executor, the court appoints someone—possibly not the person you would have chosen.
• Name a guardian for your minor children. A will allows you to designate who should care for your children if you pass away. Without this, the court decides.
• Establish control over your children’s inheritance. You can specify how and when your children receive their inheritance, including naming a trustee to manage those assets.
• Provide for your pets. You can designate a caregiver and set aside funds for your pet’s care.
• Serve as a safety net for your living trust. A will can act as a “pour-over” document, ensuring that any assets not titled in your trust are still distributed according to your wishes.

What Happens Without a Will in Snohomish County?

If you die without a will (known as dying “intestate”), Washington law dictates how your estate is distributed. Here’s a simplified overview:

• If you are married:
  • Your spouse receives all community property.
  • If you have children, your spouse receives half of your separate property; your children share the other half.
  • If you have no children but surviving parents, your spouse receives three-quarters of your separate property; your parents receive one-quarter.
  • If you have no children or surviving parents, your spouse receives all your separate property.
• If you are unmarried or your spouse does not survive you:
  • Your children (including adopted children) inherit your estate.
  • If no children, then your parents inherit.
  • If no parents, then your siblings (or their descendants).
  • If no siblings, then your grandparents or their descendants (your cousins).
  • If no eligible relatives, your estate “escheats” to the State of Washington.

While these laws aim to reflect general expectations, they rarely align perfectly with individual preferences. A will ensures your voice is heard and your legacy is protected.

If you’re ready to take the next step in securing your family’s future, I’m here to help. I serve clients throughout Snohomish and King counties and would be honored to assist you in creating a comprehensive estate plan tailored to your needs.