• 30
  • January
    2012

On its face, a will is a straightforward document that describes how you would like your property and assets to be distributed when you die. In reality, though, it accomplishes much more. A well-drafted will can protect your personal legacy and can prevent your loved ones from becoming embroiled in litigation after you are gone.

The Reverend Martin Luther King, Jr. died in 1968 without drafting a will. His family and friends have been involved in disputes over his legacy ever since.

The most recent fight concerns letters, speeches, statements and newsletters King authored in the 1950s and 60's. Until recently, they had been in the possession of the husband of King's former personal secretary, Maude Williams Ballou.

The secretary - who is still alive - says King gave the documents to her throughout their friendship. She says he told her he wanted her to have them, and never asked for them back. Since Dr. King didn't have a will that directed otherwise, she retained possession of the papers after his death.

Her husband stored the documents at Elizabeth City State University in North Carolina, where he worked. When he passed away in 2007, the school contacted the family and returned the papers.

Dr. King's heirs - who set up the King Estate Corporation to manage his affairs in the wake of his assassination - first became aware of Ms. Ballou's possession of the civil rights leader's papers when local news picked up the story.

The King Estate Corporation sued the Ballou family in federal court in Mississippi. It says the lawsuit is an attempt to ascertain Dr. King's true intent. However, others say it may be an attempt to strong-arm Ms. Ballou into giving up possession - she has limited assets and cannot afford to pursue a drawn-out court battle.

Of course, this whole battle could have been avoided if Dr. King had drafted a will.

Source: Forbes, "MLK Heirs Challenge Gifts to His 86 Year-Old Former Secretary," Danielle Mayoras and Andy Mayoras, Jan. 12, 2012.