James Brown Estate: Lessons for All

James Brown
Estate Lessons:  Brown left an
amazing legacy of music and good deeds, but sadly family problems too. Some
valuable lessons can be learned by all from those problems. “Papa Don’t Take No
Mess”, but Papa seems to have left a mess, as the partner (widow, according to
some press reports) of the deceased Godfather of Soul, James Brown, was
reportedly locked out of his home “for estate legal reasons”.  I’m “Bewildered” about how did Mr.
Dynamite leave such problems? Tomi Rae Hynie was said to have been married to
another man when she married Brown, so their marriage was ineffective. Because Brown
and Tomi Rae never married after the termination of Tomi Rae’s former marriage,
they remained merely partners. The press reports that Brown’s home, where Tomi
Rae stayed with their 5-year old son, was padlocked and she was denied access.
A lawyer reported that “legal formalities” and “protocols” needed to be
followed, and that Brown’s estate was left in trust for his children. That’s
why the world loves lawyers. Tomi Rae was quoted as stating that some were
trying to discredit her to cut her out of inheriting his estate.

Don’t Mar
Brown’s Reputation with Legal Wrangling: The real facts remain foggy, but
as too often happens with famous personalities, a lifetime of brilliant
accomplishments, 50+ albums and so much more for Brown, sadly become tarnished
by post death haggling over legalities and money. Brown’s memory and heirs all
deserve more. But this post death posturing and rumor-mongering can be
minimized or avoided with a modicum of careful planning. Clearly written legal
documents (will, trusts and more), proper ownership of assets, and a plan that
addresses real issues not just legal technicalities, can avoid the problems
that appear to have so quickly affected Brown’s estate and memory. Did Brown
want the mother of his 5-year old son padlocked from his (their?) home? Did he
really want “legal formalities” adhered to if this would be the result? Hard to
imagine. If the lawyer says that assets were left to his children in trust, why
are a young 5-year old child and his mother locked out of his home? But not to
worry, the lawyer has assured the press that it was not an act of “unkindness
or an act of a lack of sympathy”. Maybe, but the result doesn’t seem that way.

Planning is
Key: How careful was Brown’s planning? While time may tell, in most celebrity
cases the spin becomes so thick that Brown’s real wishes may never be known.
Many people, especially those with an unmarried partner, can at least learn
some lessons from the “Hardest Working Man in Show Business” on how not to
handle an estate.

What Might
Really be Going On: The facts still aren’t known so it’s impossible to
tell. Trusts and other legal documents are not always available for public
scrutiny, so that only a few selected people might actually know what is
happening. It might be possible, as some media reports implied, that Tomi Rae
is posturing for more of the estate than left to her. It’s just as possible
that mistakes were made and Brown’s partner and son are being harmed
unintentionally. Too few facts are available to know. The lawyer’s comments,
although they sound harsh, are not unusual. In many estates, especially those
of celebrities, homes have to be secured to prevent people from walking off
with art work, memorabilia, cash, jewelry and other valuables before they are
catalogued so that they can be valued for tax purposes, and then distributed to
the specific people the deceased wanted to benefit. This is serious. The
executor of Brown’s estate is personally obligated to make sure all assets are
valued properly and reported on the estate tax return, and that those assets
are distributed to the people Brown designated. If the executor fails to do
these things he can be sued personally. It’s a real responsibility that has to
be fulfilled to avoid potentially significant liability. But those goals can be
achieved without harming loved ones.

Trusts: Some media reports indicate that Brown’s assets
are being left in trust for his children. Well, Tomi Rae’s 5 year old is
Brown’s son. It’s common to name the surviving parent of a child along with a
bank or family adviser as co-trustees. If that were the case Tomi Rae would
have some input and control. It’s also common to name multiple beneficiaries of
a trust. For example, Brown could have left his house to a trust for his son,
and that trust could have given Tomi Rae the right to live in the house until
the son attained the age of 18.  A
trust for a minor child could provide that support payments be made to the
child’s parent or guardian while the child is a minor (or for any other period).
Tomi Rae is the obvious person to raise, live with, and have input on what her
son gets.  If Brown felt she didn’t
have the temperament or ability to serve as a co-trustee, he could have
included provisions in a trust requiring the trustees to consider her needs,
and her wishes, for their son.  As
for Tomi Rae, it’s unclear what the status of the relationship was, but if
Brown intended to provide for her, he could have also established a trust for
her. He could have established almost any parameters for what Tomi Rae could
receive from the trust. That trust, after some period of time (e.g., the son’s
attaining the age of majority, Tomi Rae’s life, etc.) could end and distribute
the remaining trust assets to any one of, or all, of his children. What was done
by Brown remains to be seen, but there were a myriad of options for how he
could have handled this.  If Brown
didn’t provide for Tomi Rae was it intentional or due to the lack of legal
guidance? There simply is not enough information to determine, but it’s hard to
believe that a man as talented as Brown didn’t have the wherewithal to
communicate his wishes clearly if the options were really explained to him.

What Was
Tomi Rae’s Status: The media has continually brought up the strife that
the couple had in the past. But it seems that they were together after those
episodes. The media reports commented that Tomi Rae hadn’t seen Brown for
weeks, but the reports don’t say why. The statements were made as if to imply
that if Tomi Rae was important to Brown she would have been with him in his
last days. But no one knows why she wasn’t there; it might have been Brown’s
wishes. Not seeing Brown for weeks doesn’t provide any information on how often
they saw each other, or the nature of their relationship between the break up
several years ago and the two weeks before Brown died. The negative
implications may be wholly inappropriate. This may all have relevance to the
determination of what Tomi Rae’s relationship was with Brown, and her rights to
his estate.

What Might
Tomi Rae Do: Tomi Rae should have an attorney review the will and all
relevant documents to see what she and her son really are left, but legal
action may be necessary to get copies of documents that are not public record. Depending
on state law, Tomi Rae’s first step might be to have her attorney file a legal
objection to the probate of Brown’s will (caveat), or appear and voice
objection to the admission of the will (on her own behalf and/or on her son’s
behalf). If Brown’s estate was held in trusts formed and funded before he died,
Tomi Rae’s attorney may have to proceed against those trusts before assets are
distributed, but that may be a harder if the trusts were irrevocable trusts. Tomi
Rae might litigate the status of her relationship with Brown and try to show
that she was in fact his wife. In most states, the wife of a deceased husband
is entitled to a minimum percentage or amount from the husband’s estate even if
she was specifically left out. This is called a spousal right of election. In some
states this can be a third of the value of the entire estate. If Tomi Rae
cannot prove that she was legally Brown’s wife, she might try to find a legal
argument to assert that because of their apparently attempted marriage, bearing
his son, perhaps her and Brown’s living together as husband and wife, and so
forth, that she should be entitled to the treatment of a wife. She might claim
that because of those facts Brown’s estate should be prevented (estopped) from
arguing that she was not entitled to be treated as his wife for inheritance
purposes.  In some states an
argument that Tomi Rae should be treated as if she were his wife (common law
spouse) might be made.  Tomi Rae
might bring an action for palimony against Brown’s estate claiming that
something akin to post-death alimony  should be paid. Tomi Rae might assert that Brown had promised
her support. She might produce letters, witnesses and so on to corroborate
these assertions and then try to enforce those promises against Brown’s estate.
Tomi Rae may separately bring actions against Brown’s estate for child support
for their son’s care. Clever attorneys may devise a host of actions if Tomi Rae
was left out.

Conclusion:
It’s a shame that reports on Brown’s demise focus on issues other than his accomplishments.
It’s a shame that Tomi Rae and her son have to face these difficulties. It’s a
shame that the media has the right to make such private matters public, but it
does. Careful planning, dealing with the real personal issues affecting your
estate, informing people what you are doing while you are alive, treating tough
issues compassionately even if you would prefer a different result, can prevent
these issues whether you’re a celebrity, or just an average Joe.