James Brown’s “Vague” Estate Plan Forced Family into Years of Litigation
James Brown, the legendary singer, songwriter, record producer, dancer, and bandleader was known to many as the “Godfather of Soul.” Although he intended his estimated $100 million estate to provide for all of his children and grandchildren, his intentions were somewhat vague. This forced his family into years of litigation which ended up in the South Carolina Supreme Court.
Posted on February 5, 2016
Everything Seemed In Order…
Brown signed his last will and testament in front of Strom Thurmond, Jr. in 2000. Along with the will that bequeathed personal assets such as clothing, cars, and jewelry, Brown created a separate, irrevocable trust which bequeathed music rights, business assets, and his South Carolina home.
At first glance, it seems as though everything in Brown’s estate plan was in order. In fact, he was very specific about most of his intentions, including:
- Donating the majority of his music empire to an educational charity
- Providing for each of his six adult living children (Terry Brown, Larry Brown, Daryl Brown, Yamma Brown Lumar, Deanna Brown Thomas and Venisha Brown)
- Creating a family education fund for his grandchildren
However, only days after his death in 2006 from congestive heart failure, chaos erupted.
Heirs Not Happy With Charitable Donation
Apparently, Brown’s substantial charitable donations didn’t sit well with his heirs. Both his children and wife contested the estate.
- Children. His children filed a lawsuit against the personal representatives of Brown's estate alleging impropriety and alleged mismanagement of Brown's assets. (This was likely a protest of the charitable donation.)
- Wife. Brown’s wife at the time, Tomi Rae Hynie, and the son they had together, received nothing as Brown never updated his will to reflect the marriage or birth. In her lawsuit, Hynie asked the court to recognize her as Brown's widow and their son as an heir.
In the end, the South Carolina Supreme Court upheld Brown’s plans to benefit charities and recognized Hynie and their son as an heir.
Should You Anticipate Litigation?
Brown’s estate was substantial and somewhat controversial – and he failed to update or communicate his intentions to his family. His heirs were taken by surprise. And experienced attorney could have avoided much of the family upset. Call our office today to protect your goals.
More from our blog…
Why You Should Designate Beneficiaries
According to WealthCounsel, over a third of Americans have experienced or witnessed familial conflict when someone dies without an estate plan. While most people believe having [...]
Affordable Housing Options for Low-Income Older Adults
Safe housing that meets older adults’ needs is essential to healthy aging in communities. Many seniors with low, fixed incomes struggle to balance housing expenses [...]
Assisted Living vs. Nursing Homes: What’s the Difference?
Assisted living facilities and nursing homes are long-term housing and care options for older adults. Although people sometimes use the terms assisted living and nursing [...]
How the Debt Ceiling Bill Could Impact Medicaid Enrollees
For adults who rely on Medicaid, a bill recently passed by the House may mean holding a job would become necessary to continue accessing benefits. [...]