Adult Children Of Deceased Singer James Brown Want Trustees Of Father’s Irrevocable Trust Removed
In an emergency petition filed in probate court on Wednesday, the six adult children of James Brown are asking for the removal of the three men who are the appointed trustees of their father’s irrevocable trust.
Yamma N. Brown Lumar, Daryl J. Brown, Deanna J. Brown Thomas, Vanisha Brown, Terry Brown, and Larry Brown are claiming that trustees Albert Dallas, Alford Bradley, and David Cannon are not fulfilling their fiduciary duties and instead have dissipated and mismanaged their father’s assets and income. In their 33-page filing, Brown’s children requested that the three men be blocked from entering Brown’s Beech Island mansion in South Carolina. Although sheriff’s deputies arrived at the estate, they did not arrest the men, who are legally in charge of the Godfather of Soul’s assets.
The three trustees are disputing the accusations. Dallas is questioning the children’s motives, saying, "These are the same children who sued their own father." In 2002, Yamma Lumar and Deanna Thomas had sued Brown for songwriting royalties and credits for “Get Up Offa That Thing.” The case was settled, although the terms remained private.
The household and personal effects of Brown are being equally divided among the six adult children. His seventh and youngest child, James Brown Jr., age five, was left out of his father's will. James Brown Jr.’s mother, Tomi Rae Hynie, claims she was legally married to Brown at the time of his death, and she plans to sue for half of his estate for herself and their son.
Most of Brown’s estate, however, which includes his mansion in South Carolina and his music rights, are in an irrevocable trust.
In the meantime, Brown’s remains (he died on Christmas day) are still in a climate-controlled room at his Beech Island home until the family decides where to bury him.
A probate judge will review the trustee issue at a hearing on February 1.
Irrevocable Trusts
An irrevocable trust is a trust that allows the grantor to give up ownership and control of property while he or she is still alive. Usually, the assets are gifted to the trust, which becomes a separate taxable entity.
One of the benefits of an irrevocable trust is that this kind of trust avoids fees and probate costs. This type of trust can also provide for a grantor’s beneficiaries at a later date.
The general duties of the trustees assigned to a trust, according to California Probate Code, include:
· Following trust provisions when administering the trust.
· Managing the trust only for the trust’s benefit and the benefit of any of its beneficiaries.
· Not using the trust to benefit the trustee.
· Protecting the trust’s assets.
· Working with any co-trustees in managing the trust.
With offices in Monterey, Fremont, and San Jose to serve our clients in Monterey County, Alameda County, Santa Clara County, and the surrounding areas, including the cities of Emeryville, Berkeley, Foster City, and Los Altos, the estate planning attorneys at Sagaria Law, P.C. handle irrevocable trusts, revocable living trusts, wills, and other estate planning-related matters. Contact Sagaria Law, P.C. today to schedule a free consultation.
Brown's Children Want Trustees Removed, USA Today, January 26, 2007
James Brown's Kids: Papa Done Leave a Mess, EOnline.com, January 25, 2007
Use of Revocable and Irrevocable Trusts, Tax Prophet.com
Related Web Resource:
Ways to Avoid Probate, Nolo.com
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