James Brown Estate Complications May Be Settled After Over 14 Years

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Complications that take Over 14 Years to Settle an Estate

Litigation over James Brown’s estate has been dragging on for 14 years and can hold key lessons in the importance of having an estate planning attorney prepare clear and concise estate planning documents that hold up in court - especially when multiple marriages are involved. Recently, as this NY Times article about James Brown's will outlines, the case took a big step towards resolution when the South Carolina Supreme Court ruled that the woman claiming a spousal share in Mr. Brown’s estate was never legally married to him.

Previous Marriage Complicates Will

Mr. Brown, known as the Godfather of Soul, married Tommie Rae Hynie in 2001. At the time, Ms. Hynie did not disclose that she was already married to Javed Ahmed. When Mr. Brown discovered the previous marriage in 2003, Ms. Hynie filed a claim to annul the marriage to Mr. Ahmed on the basis that Mr. Ahmed was already married. Mr. Ahmed did not appear at the annulment hearing, and the court granted the annulment, finding the marriage was void. In 2004, Mr. Brown filed a claim to annul his marriage to Ms. Hynie, but he eventually dropped the annulment proceeding.  He died in 2006 without having the marriage formally annulled and leaving the majority of his estate to a charitable trust.

Spousal Share for Spose not Named in Will

Following Mr. Brown’s death, Ms. Hynie filed a claim against the estate, asking for a “spousal share.” Under South Carolina law, spouses can collect one-third of an estate even if the spouse isn’t named in the will. The estate argued that Ms. Hynie was not a surviving spouse because her marriage to Mr. Brown was never valid. Ms. Hynie argued that because her marriage to Mr. Ahmed had been annulled, her marriage to Mr. Brown was valid.

Mr. Brown's Charitable Trust

After the case wended its way through the courts for years, the South Carolina Supreme Court finally determined on June 17, 2020, that Ms. Hynie is not Mr. Brown’s surviving spouse. The court ruled that because at the time Ms. Hynie married Mr. Brown she had not resolved her marriage to Mr. Ahmed, her marriage to Mr. Brown was void under state law. The court noted that Mr. Brown’s trust was intended to be used to create scholarships for children in South Carolina and Georgia and lamented that the protracted litigation has thwarted Mr. Brown’s expressed wishes. Further litigation is possible -- including resolving whether James Brown II, the child of Ms. Hynie and Mr. Brown, may inherit a portion of the estate -- but experts say the ruling is a major step towards finally settling the affairs of the former “Hardest Working Man in Show Business.”
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Estate Planning Guide

Included in this 2020 Estate Planning Guide is a comprehensive look into:

Probate. In terms of estate planning, there are two forms of probate to be concerned about: – death probate and living probate.  This Estate Planning Guide covers them both, explains the difference and how to avoid expenses and burdens that can be associated with the probate process.

Drafting a Last Will and Testament. Why is relying on a Will alone is not part of a comprehensive estate plan.

Benefits of a Living Trust. What is a revocable living trust and how can it be an efficient tool to avoiding probate at your death, as well as to avoid living probate in the event of your incapacity.

Avon Lake Estate Planning Attorney

At Joseph L. Motta Co., we have made it our mission to help clients in similar situations to prepare the estate planning documents that will ensure they leave a legacy, not a predicament - and certainly not one that drags out for 14 years!  Let us help you review your estate planning documents.  Please call our office at 440-930-2826 to schedule a free consultation .

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