The Estate Woes of James Brown: A Lesson in Planning

August 8th, 2011 - By TheEditor

by Selam Aster

Even though the late, great James Brown has “at least” nine children and was married at the time of his death on Christmas in 2006, he set up his will so that no one in his family inherited his money. Instead,  he designated that all his money should go towards a trust to help poor and needy children, according to a report that appeared in Forbes today.

Now, you can imagine what his family had to say about Brown giving away his $100 million fortune, right?

Indeed, since his passing, lawyer and court fees have been steadily eating away at Brown’s fortune as his large family is continuing to contest his wishes on the grounds that he was mentally unfit to make that decision. Unfortunately, Brown’s associate and former producer Jacqueline Hollander is countering the family’s wishes to get a piece of the pie, claiming that his will made it crystal clear what he wanted to do with his fortune and that was clearly not to pass it along to his family. Hollander says she even has Brown on video  stating that he wanted his money to go towards poor children. Hollander was to administer that trust.

In any case, it should be noted that Brown had not updated his will in the five years that he was married to Tomi Rae Hynie, to whom he was married at the time of his death. This fact, along with the assumption that it was hard for courts to fully believe Brown’s wishes to deprive his whole family,  led to a decision in 2009 by the attorney general of South Carolina, allocating 50% of the estate to Brown’s family, with the rest remaining with the children’s trust.

Well, two of Brown’s former trustees are contesting this decision, on strong ground that his will was very clear. The case is now with the South Carolina Supreme Court.

What’s the lesson here: if you’re wealthy and have a lot of family to handle, make sure you consistently update your will. It’s hard to believe that Brown, at his age and with his wealth and with his ex-wives and with his many children, did not pay more attention to updating his will.

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  • Deedee

    Check your state's probate law. Otherwise, No! but if you are smart leave each child one dollar ($1.00). They want be able to contest the will or say you did not leave them anything.
    delarph in Ohio.

  • Big Will 59

    His kids was probably greedy and he knew they didn’t deserve to be “given” anything. But why make a will if the courts won’t abide by it? This is crazy!!

  • Honeybee60

    Is there a law that says that you have to leave your money to your children?

  • guest

    Do nt you think if the guy could dance and sing withing 5 years that he was still alive THAT HE W OU LD HAVE THE A BI LITY TO CHANGE THE WILL IF HE WANTED??
    Don't be dumb
    The guy d idnt want his kids to have it
    They had no relationship with him PROBABLY as it happens a lot that they showed greed towards him
    It happens

  • Heilige Bimbam

    Brown was not married to Toni Rae at the time of his death. The two did get married, when it turned out that Toni Rae was not divorced from her last husband. Brown and Toni Rae's marriage was declared null and void. When Toni Rae eventually got divorced from her first husband, she and Brown planned to get properly married. Brown never got down to it, but the two remained an item, although Brown moved Toni Rae into a separate house and stopped living together with her.

    • gtalkspolitics

      There was also a dovorce announcement in the newpaper place by Brown's attorney 2 or 3 years before his death , desolving the mocked marriage that has taken place between Brown and Rae.

    • Byte Me

      You fat german cow! Tomi Rae's marriage to the Godfather of soul was found legit in court and her son's DNA is that of James. The truth has come out in court already. Do more research.

  • Guest1

    I thought it was tough to contest a Trust..

  • brotherap

    The Attorney General's ruling should stand, 50-50. As difficult as it is for African Americans to find access to investment capital, and the struggle that even Brown went through to generate and hold on to his, I don't believe that he would make an inequitable decision to not benefit his own children. They are his seeds, his heirs, to potentially make sound investment decisions and carry his name forward, generally as the wealthy deceased do. His children would have to have been downright rotten for him to be so hard heart-ed in making that decision. Maybe there was too much of that hard core Georgia chain gang mentality left in Brother Brown, who knows but that last will is unfair. I'd encourage everyone to reach a settlement and don't let probate lawyers and judges eat up the total estate with administrative costs while infighting continues to go on. Those situations make people look real ignorant in the end when the bulk of a $100 million dollar estate dwindles down to 0.

    • Honeybee60

      James Brown made the money and it was his choice not to leave any of it to his children. They are probably rotten and greedy.

  • Creme

    not suprising….

  • Erica

    WHY?