HOLOGRAPHIC WI LLS AND THE ARETHA FRANKL IN ESTATE F IASCO
IS YOUR PILLOW AFFECTING YOUR HEALTH? WHAT BAD P I LLOWS DO TO YOU If you’re feeling stiff and tired during the day or constantly waking up at night, it could be because of your pillow. Many people don’t think about their pillows when it comes to health, but your pillow plays a significant role in your overall well-being. REST Everyone knows that getting eight hours of sleep per night is ideal for a healthy body and mind, and your pillow can make all the difference in how you sleep. A lousy pillow causes discomfort and makes it difficult to relax, which can prevent you from getting the quality of sleep that is best for your health. STIFFNESS The way you sleep is connected to the type of pillow you use at night. For instance, a side sleeper needs a thicker pillow to support their neck, while a back sleeper needs a thinner one. Your pillow should allow your neck to rest comfortably without straining your muscles. If you’re sleeping with the wrong kind, it can cause stiffness and pain in the neck, which can lead to dizziness, anxiety, nausea, and headaches. ACNE Breakouts are no fun, and they happen to everyone. Pillowcases tend to collect oil and dirt through constant contact with your skin, hair, and the environment. This buildup can irritate your skin and result in acne. By washing your pillowcase once a week, you can significantly reduce unpleasant breakouts. ALLERGIES Along with collecting dirt and oil, pillows can accumulate dust mites and dead skin cells, which are key triggers for allergies. If you suffer from severe allergies, it’s a good idea to invest in a dustproof, zipper-locked pillowcase to keep irritants away. There’s one excellent way to see if you need a new pillow or not: Try bending it in half. If it returns to its original shape, your pillow is fine, but if it doesn’t, it’s time to invest in a new one.
Known across the globe as the “Queen of Soul,” Aretha Franklin had a storied career spanning more than six decades. When Franklin died in 2018, her six-hour funeral was broadcast live on national television and featured remembrances and performances from friends and family, including numerous celebrities, musicians, and a former president of the United States. In private, however, Franklin’s family members encountered
a serious problem. It appeared that Franklin had died without leaving a will . Because Franklin was not married at the time of her death, her property would pass evenly to her four sons under Michigan law, just as it would here in Virginia. While that sounds straightforward, the lack of a clear estate plan can lead to family feuds and other challenges in administering the estate. That is especially true in the case of a celebrity like Franklin, whose sizeable estate included songwriting credits, life rights, and other intangible assets. Unfortunately, Franklin’s estate has now traded that vexing problem for another. On May 3, Franklin’s niece found three handwritten documents in
Franklin’s home: one in a locked cabinet and two under couch cushions. The documents, dated between 2010–14, seem to provide instructions for the disposition of Franklin’s property after her death. While the documents found were not witnessed or notarized, they may satisfy the requirements for “holographic” wills under Michigan law because they appear to be in Franklin’s handwriting, contain her signature, and are dated. Nevertheless, portions of the documents are difficult to read, contain various ambiguities, and include tangents that seem unrelated to the disposition of Franklin’s property. Early indications are that Franklin’s sons are divided on the validity of the handwritten documents. A suit has already been filed, asking the court to determine if the documents are valid. Even if it rules that they are, additional litigation over their meaning is likely. Like Michigan, Virginia recognizes the validity of holographic wills. For a holographic will to be admitted to probate in Virginia, two disinterested witnesses must prove that it is entirely in the testator’s own handwriting and signed by the testator. While Virginia law allows holographic wills, it is always best to avoid problems up front by hiring a lawyer to advise you about your estate plan and prepare the necessary documents to carry it out in accordance with your wishes. However, not everyone takes those steps. Sometimes, issues with a loved one’s estate plan are not discovered until after their passing. As Aretha Franklin’s case illustrates, those issues can lead to disputes among family members over what the decedent intended and whether the personal representative of the estate is properly carrying out the decedent’s wishes. Here at The Mottley Law Firm, we do not prepare wills or trusts. We represent executors, administrators, trustees, family members, beneficiaries, and other interested parties in court when a dispute arises involving the proper interpretation and implementation of a decedent’s estate plan. We have significant experience in all phases of estate and trust litigation, including will contests, trust disputes, actions arising from powers of attorney, and litigation involving premarital agreements. If you have encountered any type of issue involving an estate or trust, please call The Mottley Law Firm at (804) 930-1022 to discuss the situation with one of our attorneys today.
- Ben Kyber
2 | (804) 823-2011
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