James brown left his personal and household belongings to his six adult children, two million dollars in a family trust to pay for the education of his grandchildren, with the rest passing into a charitable trust through a will. Despite Brownâs clear wishes, his heirs and Tommie Rae Hynie, who claimed to be his wife, challenge the validity of his will and trust, accusing the estate planning attorney who prepared the documents, and others, of undue influence.
The claims of Hynie and Brownâs hier created enough confusion to attract the attention of the South Carolina Attorney General. His office had legal responsibility of protecting all charitable trusts in South Carolina, including Brownâs. The Attorney General came to a settlement that recognized Hynie and her son as legitimate heirs (without DNA test) of James Brown. Regardless of Brownâs wishes, the compromise awarded approximately 25% of Brownâs assets to Hynie, another 25% to Brownâs six children as named in his will, plus James Brown II, with only one-half remaining for charity. This settlement was approved by the surrogateâs court. Three acting trustees of Brownâs charitable trust were removed from their position through this settlement. They later appealed, arguing that the settlement was against Brownâs clear wishes.
In May, 2013, the battle over his estate finally came to an end. South Carolina Supreme Court reversed the circuit courtâs approval of a settlement reached by James Brownâs family members and the attorney general at the time. South Carolina Supreme Court ruled that the settlement was not âjust and reasonableâ and in fact the heirsâ claims that started the legal battle were not made in good faith to begin with. The Supreme Court also ruled, âThe compromise orchestrated by the Attorney General in this case destroys the estate plan Brown had established in favor of an arrangement overseen virtually exclusively by the Attorney General.â The Court determined the Attorney Generalâs actions were unprecedented and contrary to his legal duty to protect and enforce charitable trusts. On the other hand, the Supreme Court affirmed the lower courts decision on trustees taking advantage of their fiduciary duty, and removed them immediately. James Brownâs original estate plan was back in effect under new trustees.