James Brown’s Will Was Written Before Birth Of Son

Singer James Brown’s will does not name his partner, Tomi Rae Hynie, and their five- year-old son as two of the benefactors. The will was made in 2000, more than one year before his marriage to Hynie and ten months before the birth of their son.

According to Brown’s probate lawyer, the will was signed by the singer in August 2000 in Aiken, South Carolina. Brown’s attorneys say that Hynie is not legally the deceased singer’s widow because she was still married to another man when she married Brown.

Although Hynie eventually annulled that other marriage, she and Brown never renewed their marriage vows after this. Hynie, however, says that she was legally married to Brown. According to an attorney for Brown, the singer tried to have his marriage to Hynie annulled in 2004, but he decided not to go forward with the process.

The will, read last week, says that Brown’s personal effects are to be equally divided among his six adult children. Since the other children are named as benefactors in the will, Brown’s attorney says that his five-year-old son is not allowed to contest the will. James Brown died on December 25, 2006.

Updating Wills

If you are someone who has chosen to make a will, it is important that you update your will regularly to make sure that it is current. Nolo.com provides a list of when you might want to consider updating your will:

· You get married. You and your new spouse should create new wills when you get married. In most states, your spouse is legally entitled to claim a percentage of your property after you die, unless you have a written agreement to the contrary. This includes married same-sex couples in Massachusetts. If you don't want to leave at least half of your property to your spouse, see a lawyer.

· You are unmarried, but have a new partner. Without a will or alternate estate plan, such as a living trust, your partner will inherit nothing. To avoid this, you and your partner will probably want to make new wills. (Different rules apply if you and your partner are registered domestic partners in California, Maine, or New Jersey, reciprocal beneficiaries in Hawaii, or civil union partners in Vermont or Connecticut.)

· You get divorced. In most states, a final judgment of divorce (or an annulment) revokes any gift made by your will to your former spouse. But in some states, it doesn't. So no matter where you live, you should make a new will after a divorce.

· You have a new baby. You'll want to make a new will to name a personal guardian for the little one. This is the person you want to raise your child in the unlikely event that both you and the other parent become available.

· You have new stepchildren. Unless you legally adopt stepchildren, they have no right to inherit from you in most situations. If you want to leave them a share of your property, you should adjust your will.

· You acquire or dispose of substantial assets, such as a home. If you leave all of your property to one or more people or organizations, there is no need to change your will as what you own changes. But if you've made specific gifts of property that you no longer own, you'll want to avoid leaving the intended beneficiaries out in the cold. (If you no longer own the property, the beneficiaries are probably out of luck; they won't get anything in lieu of it.) Likewise, if you obtain new property and you want to leave it to someone specific, you'll need to change your will to make your wishes clear.

· You're married and move from a community property state to a common law property state, or vice versa. Community property and common law property states view the ownership of property by married couples differently. This means that what both you and your spouse own may change if you move from one type of state to the other.

· You change your mind about who you want to inherit a significant portion of your property. If you decide to leave a share of your property to someone else, you'll need to create a new will.

To change your will, you can either add a “codicil” to the current one or make a new one.

Sagaria Law, P.C. handles estate planning matters in Santa Clara County, Monterey County, and Alameda County. If you would like to make a will, change your will, or contest a will, contact Sagaria Law, P.C. today. Your first consultation with us is free.

Brown's will drawn up before marriage, son, CNN.com, January 16, 2007

When Do I Need to Change My Will?, Nolo.com

Related Web Resource:

Making a No-Frills Will, Nolo.com