Woman Who Claims To Be James Brown’s Wife Is Contesting Will And Suing For Half Of His Estate
Tomi Rae Hynie, James Brown’s partner when he died, says she is the surviving spouse of the deceased singer and therefore legally entitled to a percentage of his estate. She also wants to be allowed to reenter his mansion on Beech Island, South Carolina, that she was barred from entering after his death so she can get back her personal possession, as well as the possessions of James Brown, Jr., her son with Brown. Hynie filed her petition in Aiken County probate court.
Although Hynie claims she was legally married to Brown, attorneys for Brown’s estate say that her marriage to Brown was not legally binding because she was married to someone else at the time of their wedding ceremony. Although she ended that marriage, she and Brown never remarried to legally formalize their commitment. Hynie and James Brown, Jr. were not named as beneficiaries in Brown’s will, which divides the Godfather of Soul’s personal possessions among his six older children.
Hynie is contesting the will, claiming that it is not valid because she was not included as a beneficiary. She is also contesting the validity of a trust set up by Brown, which holds the soul singer’s primary assets, such as his 60-acre home in South Carolina and his music rights.
James Brown passed away last year on Christmas Day in Atlanta, Georgia. His family is undecided as to where to bury him, and his body is in a gold casket at a private location.
In a separate petition, James Brown’s six older children would like a probate court to replace the trustees of Brown’s trust. They are accusing the trustees of mismanaging their father’s assets.
On February 9, hearings on both petitions will be held.
In California, if a probate court rules that a will is not valid, then the decedent’s estate will be disposed of according to California Intestate Succession Laws:
The decedent’s surviving domestic partner or spouse is usually entitled to half of the couple’s community property and the separate property that was owned by the decedent.
If, however, the decedent did not have any other survivors, such as parents, siblings, or children, the entire estate goes to the surviving spouse or partner.
The surviving domestic partner or spouse will only get 1/3rd of the separate property if the decedent left behind more than one surviving child or grandchild.
If the decedent did not have a surviving domestic partner or spouse, then the succession line will go in the following order:
· Children and grandchildren of decedent
· Surviving parents of deceased person
· Surviving grandparents
· If relatives through two or more ancestral lines make a claim, then the relatives that are the most closely related to the decedent will receive preference in the succession order.
· California. If there are no successors, then the estate will go to the state of California.
At Sagaria Law, P.C., Scott Sagaria and his estate planning attorneys represent clients who need legal advice or representation in the areas of wills, irrevocable trusts, living trusts, conservatorships, probate guardianships, and other estate-planning related matters. Many of our clients come from San Jose, Carmel, Foster City, Los Alto, Milpitas, Saratoga, Berkeley, Oakland, and other cities in Monterey County, Alameda County, and Santa Clara County. Contact Sagaria Law, P.C. to schedule your free consultation.
James Brown's partner sues for half of estate, CNN.com, February 2, 2007
California Probate Codes Section 6400-6414
Related Web Resources:
How to Probate a Decedent's Estate, Superior Court of California, County of Santa Clara
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