Woman Who Claims She Is James Brown’s Fourth Wife To Contest Will
The lawyer for Tomi Rae Hynie, the woman who says she is James Brown’s fourth wife, says she will contest the deceased singer's will and go to court to prove that she was legally married to him when he died, thereby entitled to half his estate under probate laws. Hynie also wants her five-year-old son with Brown, James Brown Jr. to inherit his 1/7th of her 50 percent. The young boy was left out of his father’s will, which Brown signed 10 months before his youngest son was born.
According to Brown’s attorneys, Hynie married Brown, but their marriage was not legal because she was still married to someone else at that time. Hynie annulled her previous marriage, but Brown’s attorneys say the two were never legally married.
James Brown’s coffin remains at his Beech Island home until family members can decide where to bury him. Most of the deceased singers assets are in an irrevocable trust that is separate from his will. Hynie and their son are not named as beneficiaries of his trust either. The trust leaves money to fund the education of his grandchildren and to help needy children. The Irrevocable Trust Agreement of James Brown was established in 2006.
An irrevocable trust cannot be changed or modified by the grantor. By setting up this type of trust, the grantor removes him or her from having rights over any assets placed in this trust. Only a trust’s beneficiary can authorize any changes that can be made to an irrevocable trust.
Investopedia Says: The main reason for setting up an irrevocable trust is for estate and tax considerations. The benefit of this type of trust for estate assets is that it removes all incidents of ownership, effectively removing the trust's assets from the grantor's taxable estate. The grantor is also relieved of the tax liability on the income generated by the assets. While the tax rules will vary between jurisdictions, in most cases, the grantor can't receive these benefits if he or she is the trustee of the trust.
The assets held in the trust can include, but are not limited to, a business, investment assets, cash and life insurance policies.
Sagaria Law, PC handles estate planning-related matters and can help you set up an irrevocable trust, living trust, revocable trust, or other type of estate planning document. Our attorneys can also help you make wills or contest wills in probate court. To schedule a free consultation, contact Sagaria Law, PC today. We represent clients throughout Monterey County, Alameda County, and Santa Clara County
Woman plans to sue to prove she is wife of James Brown, Dailyreport.com, January 17, 2007
James Brown's road to wealth was rocky, Atlanta Journal-Constitution, January 7, 2007
Irrevocable Trust, Answers.com
Related Web Resource:
Brown's Will Drawn Up Before Marriage, CNN.com, January 16, 2007
What is a Trust? Oregon State Bar
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