STATE OF MICHIGAN IN THE PROBATE COURT FOR THE COUNTY OF OAKLAND INRE: Estate of Aretha Franklin, Caae No. Hon. Jennifer S. Callaghan Deoedent. Petition for Instructions on Validity and Admission of a Purported Holographic Wills and Dispositive Provisions Craig A. Smith (M0 Bar #27330) David J. Bennett (H0690) Attorney fOr Edward Franklin THAV GROSS PC 141 N. Meramec, Suite 201 St. Louis, MO 63105 Telephone: (314) 884-6080 Email: csmith@craigsmithlaw.net Lisa Dwyer (P47961) LAW OFFICE OF LISA DWYER PC Attorney for Edward Franklin 400 Monroe Street, Suite 280 Detroit, MI 48226 Telephone: (313) 962-0000 Email: dwyer1247@aol.com Harold R. Oseff (1?18546) LAW OFFICES OF HAROLD R. OSEFF PLLC Attorney fer Theodore Richard White, II 2000 Town Center, Suite 1500 South?eld, MI 48075 Telephone: (248) 351-351 1 Email: Juanita Gavin Hughes (P4ll4l) IUANITA GAVIN HUGHES, PLLC Attorney for Kecalf Franklin 26300 Telegraph Road, Suite 100 South?eld, MI 48033 taephone: (243) 809-2902 a. :1 c: "t :151"? is? u; 3 Attorneys for Personal Representative 30150 Telegraph Road, Suite 444 Bingham Farms, MI 48025 Telephone: (248) 645-1700 Facsimile: (248) 645-8205 Email: dbennett@thavgross.com Kevin M. Check (P399413) KEVIN M. CHECK, P.C. Co-Counsel for Personal Representative 30150 Telegraph Road, Suite 444 Bingham Farms, MI 48025 Telephone: (248) 355-3550 Email: kevinmcheckpc@aol.eom Jon B. Munger (PS4736) MUNGER ASSOCIATES, PLLC Guardian for Clarence Franklin 4545 Clawson Tank Drive, Ste. 100 Clarkston, MI 48346 Telephone: (248) 61 8- 1200 Email: jmunger@jonmunge1pllc.eom PETITION FOR INSTRUCTIONS ON VALIDITY AND ADMISSION OF A PURPORTED HOLOGRAPHIC WILLS AND DISPOSITIV PROVISIONS Petitioner, Sabrina Garett Owens, Personal Representative of the Estate of Aretha Franklin, afk/a Aretha Louise Franklin, Deceased (?Estate?), through her attorneys Thav Gross PC and Kevin M. Check, P.C., Petition for Instructions on Validity and Admission of Purported Holographic Wills and Dispositive Provisions, and states as follows: 1. Decedent died on August 16, 2018. 2. Upon information and belief, the Decedent died intestate and after her death a diligent search of her properties was undertaken and no Will was discovered. 3. Upon Application to the Court, Sabrina Garrett Owens was appointed Personal Representative of the Estate on August 31, 2018 4. Since the date of her appointment, the Personal Representative has been marshalling the Estate assets, paying its expenses and negotiating various contracts and agreements for the purpose of increasing the Estate?s value, paying its debts, and advancing the legacy of the Decedent. 5. In preparation of Decedent?s residence for a personal property appraisal and to protect her personal property, the Personal Representative has been inspecting the home and its contents. 6. On May 3, 2019, the Personal Representative, while continuing her examination of the home, discovered a key to a locked cabinet that she had been previously unable to gain access and open. 7. Inside the cabinet the Personal Representative found two purported Holographic Wills of the Decedent dated on or about June 21, 2010 and October 20, 2010, copies of which are attached hereto as Exhibit and Exhibit 8. 0n the same date, the Personal Representative searched underneath the cushions of the coach in the living room and discovered (inside a spiral notebook) another purported Holographic Will dated on or about March 31, 2014, a copy of which is attached hereto as Exhibit 9. Shortly thereafter, the Personal Representative circulated the purported Holographic Wills to the all the attorneys of record for the heirs and held a meeting to discuss the same on Thursday May 9, 2019. 10. The heirs, through their counsel, have been unable to reach a resolution with each other as to the admission, validity, and dispositive provisions of the purported Holographic Wills. ll. Counsel for the Personal Representative has reviewed the purported Holographic Wills and is unsure as to whether or not these documents meet the legal requirements to constitute a valid Holographic Will pursuant to MCL 700.2502 nor are they able to suf?ciently detemiine the dispositive terms of those instruments. 12. The Personal Representative, on a daily basis, is actively involved in many continuing projects for the benefit of the Estate, including, but not limited to, various television and movie proposals, as well as dealing with various creditor claims and resulting litigation. (Exhibit 13. Although no formal testacy proceeding has been ?led with the Court, Petitioner a. f, con?rming that other than suspending ?Jture distributions to the heirs, her powers and duties as the previously appointed personal representative continue pursuant to MCL or until further Order of this Honorable Court. 14. The names and addresses of the Interested Persons are attached hereto as Exhibit the Personal Representative respectfully requests this Honorable Court for instructions as to the validity and admissibility of the purported Holographic Wills, their dispositive provisions and her authority to continue to carry on her powers and duties as Personal Representative and/or any other Orders the Court may deem fair and just. WE DECLARE UNDER PENALTIES OF PERJURY THAT THIS PETITION HAS BEEN EXAMINED BY US AND THAT ITS CONTENTS ARE TRUE AND ACCURATE TO THE BEST OF OUR KNOWLEDGE, INFORMATION AND BELIEF. Respectfully submitted, THAV GROSJS PC KEVIN M. CHECK, RC. By - Kevm M. Check (P39943 Attorney for the Personal Representative Co-Counsel for Personal 30150 Telegraph Road, Ste. 444 30150 Telegraph Bingham Farms, Ml 48025 Bingham Farms, Telephone: (243) 645-1700 Telephone: (248) 355-3550 Facsimile: (248) 645-8205 Email: kevinmcheckpc@aol.com Email: dbennett@thavgross.com Dated: May 20, 2019 4 EXHIBIT (LIST OF PENDING PROJECTS BY WAY OF ILLUSTRATION BUT NOT LIMITATION) . Sale of the vacant lot adjoining Ms. Franklin?s condominium for $325,000- . Pending negotiations and contract with the television series ?Genius?. . Pending movie contract on a biopic of Ms. Franklin?s life. . Pending house cleaning, organization and appraisal of the personal property located in the Turtle Pond property and those assets held in storage from Ms. Franklin?s apartment and Kiftsgate Bend, along with her automobiles. . Pending investigation of the value of Ms. Franklin?s music catalog and likeness by Shot Tower. . Current litigation in the Oakland County Probate Court ?led by Gregory Reed on his disallowed Claim. . Current litigation in the Oakland County Circuit Court ?led by Over Joy Publishing which was received by this of?ce on May 6, 2019. . Claim to be ?led by the Estate on the stolen funds ?'om Ms. Franklin?s bank account and the forgery of checks directed to Ms. Franklin. . Pending investigation relating to the royalty accounts of the Estate with Fourteenth Hour Music. 10. Pending audits by the Internal Revenue Service on Ms. Franklin?s income tax returns for 2012 through 2018. 1 1. Pending Internal Revenue Service audit on Ms. Franklin?s 945 tax returns for the tax period of2010 through 2018. 12. The continuous accounting and bookkeeping required on the Estate?s ?nances, which is performed weekly. l3. Renovation of 4585 Kiftsgate Bend, Bloom?eld Hills, Michigan for placement on the multi-list for sale to unknown third-party buyer. EXHIBIT (lnleremd Pzrliex) - ha I. f|h h5|ale ofArelha Franklm, WE Aru' In Man" 0 6 File NIL: 20183845274>>: ouisc Franklin, Deceased Franklin Eduard mm", 9mg, Fdwau'd Franklin I'hcodorc Richard WhileV ccalf Franjdm