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In 2022, the plaintiff, the youngest son of the late Aretha Franklin, retained the defendant attorney and his firm to represent him in highly contested probate proceedings concerning his mother’s estate. The representation focused on securing admission of a 2014 holographic will that, if admitted, would grant the plaintiff sole ownership of the most valuable real estate asset in the estate.
The parties entered into a hybrid fee agreement that provided for a reduced hourly rate, with a performance-based bonus contingent upon admission of the 2014 will and a corresponding increase in the plaintiff’s inheritance. Over the course of more than a year, the defendant performed in excess of 850 hours of legal services in connection with the probate litigation.
In July 2023, following a jury trial in the probate matter, the defendant successfully obtained admission of the 2014 will, significantly increasing the plaintiff’s inheritance. In early 2024, the defendant requested that the plaintiff enter into a payment plan to address the outstanding balance of legal fees. The plaintiff disputed the fees, challenged the defendant’s conduct during the representation, and asserted that the defendant had failed to perform under the contract.
The plaintiff subsequently filed suit in Oakland County Circuit Court, asserting claims for breach of contract and breach of fiduciary duty and challenging the defendant’s attorney-fee lien. The defendant denied the allegations and filed counterclaims seeking recovery of unpaid legal fees pursuant to the parties’ retainer agreement.
Following extensive discovery and motion practice, the case proceeded to trial. At the close of proofs, the court entered a directed verdict in favor of the defendant on the plaintiff’s claims, finding no cause of action for breach of contract or breach of fiduciary duty. The court also ruled that the defendant was entitled to recover the full amount of his hourly fees as a matter of law.
The jury was tasked with determining whether certain costs had been advanced and whether the defendant had earned the contractual performance bonus, and if so, in what amount. After deliberations, the jury returned a verdict awarding the defendant an additional $239,061.00, representing the performance bonus and disputed costs.
The total verdict in favor of the defendant was $487,933.50.
Plaintiff’s counsel submitted the case information.
Action: Contracts
Injuries alleged: Breach of contract and breach of fiduciary duty, with counterclaims for breach of contract for unpaid legal fees
Case name: Franklin v. McKelvie and McKelvie, McKelvie, Yee & Epacs, PC
Court/case no.: Oakland County Circuit Court/24-209862-CK
Judge: Robert Young
Amount: $487,933.50
Date: Dec. 19, 2025
Attorney for plaintiff: Greg A. Jones, Morgan & Jones, Farmington Hills
