Aretha Franklin’s Will Was Found in Her Couch. Let’s Talk About Why That’s a Problem.
If you’re wondering “do I need a will in Nebraska?”—the short answer is yes. And if your plan is to jot one down and stuff it in a sock drawer or couch cushion? We need to talk.
Aretha Franklin, the Queen of Soul, passed away in 2018 with no formal will filed through her attorney. For a while, it looked like her multimillion-dollar estate would be handled under Michigan’s intestacy laws. And that’s what happens here too—if you die without a will in Nebraska, the state decides where your assets go. Not you. Not your family. Just a rigid formula that treats everyone the same, even if your actual life is anything but.
Then the plot thickened. Her family discovered two handwritten wills. One in a locked cabinet. And another, dated 2014, tucked between couch cushions. Right there under the seat like a spare pen or old receipt.
After years of courtroom drama and family tension, a jury decided the 2014 couch will counted as her valid will. That changed who got what—and changed the entire trajectory of her estate. Meanwhile, her family had to pour time, energy, and a whole lot of legal fees into figuring out what she actually wanted.
So let’s make something clear: A couch is not a filing system. A sock drawer is not an estate plan. And a handwritten note, while heartfelt, is not the same as a valid will in Nebraska.
Intentions Don’t Count—Documents Do
You can tell your family over brunch, “When I’m gone, I want the house to go to my sister,” but if that’s not in a valid legal document? The court doesn’t care. Verbal promises? Meaningless. Scribbled notes with no witnesses, unclear phrasing, or shoved under the couch? They don’t hold up. Especially here.
Handwritten wills in Nebraska are not legally enforceable unless they meet some very narrow and strict requirements—often including the need for proper witnesses or being entirely in the testator’s own handwriting. And let’s be honest: 99.9% of couch-cushion wills don’t check those boxes.
You need a real document, with real structure, that’s legally valid and easy to find. Because where to keep your will actually matters. It’s not just about having one. It’s about making sure your family isn’t left guessing—or fighting.
“But I Just Want Something Simple” Doesn’t Mean “I’ll Scribble It on a Napkin”
Look, you don’t need to be rich, elderly, or have a dozen properties to justify getting your affairs in order. Most of us just want to make sure our family is taken care of, our stuff lands in the right hands, and we don’t leave a mess behind. That doesn’t require a trust fund or a vault—it just requires clarity.
And clarity does not look like your will hanging out under the couch cushions next to a rogue Skittle and your TV remote.
Don’t Let the Court Decide What You Could’ve Handled in 45 Minutes
A valid estate plan doesn’t have to be complicated. If you have kids, own a home, have any kind of account, or just want a say in how things are handled—start with the basics. A will. Powers of attorney. A HIPAA release. And for some, yes, a trust might be smart too. But the most important thing is doing something. On purpose. With eyes open. And ideally with a Nebraska will attorney who knows how to make it all stick.
The TL;DR? Don’t Be Like Aretha’s Couch
Aretha Franklin was a legend, but even legends can leave a legal mess. Her handwritten couch will might’ve gotten the job done in the end, but not without stress, conflict, and a courtroom verdict.
So let’s make your plan better. Let’s make it valid. Let’s make it easy for your people to find when they need it.
Because the couch is for napping—not for storing your legacy.
Ready to make your plan valid and easy to find? Contact me today at 402-259-0059 or zach@zandersonlaw.com for a consultation. Your future self—and your family—will thank you.