AIKEN - Attorneys for James Brown's estate want a judge to order DNA taken from the 5-year-old boy who bears his name for use in a future paternity test.
Longtime Brown adviser Buddy Dallas first said shortly after the 73-year-old singer's death Christmas Day that James Brown II's paternity was in question, but no tests have been conducted to put the issue to rest.
Mr. Dallas said he could not say why he thinks the boy might not be Mr. Brown's son "without violating my confidentiality arrangement with Mr. Brown."
"There was good reason for that issue to be raised. Otherwise, it would not have been," he said.
DNA was taken from Mr. Brown's body early this month in anticipation of paternity claims filed against his estate by other children the singer might have fathered.
Now a motion filed in Aiken County Court on Monday asks that DNA be taken from James II, who was born in June 2001, a few months before Mr. Brown married his mother, Tomi Rae Hynie Brown.
Mr. Dallas said Mrs. Brown's attorney, Robert Rosen, has said the boy "would not be available for DNA testing, and the attorneys for the estate felt that at some point, that would be an issue."
"If I was Ms. Hynie, I would want to get this issue settled," he said.
Efforts to reach Mrs. Brown on Monday were unsuccessful. Calls to her cell phone would not go through, and a message to her attorney was not returned. Her spokesman, Michael Mason, said he couldn't comment because he hadn't spoken to Mrs. Brown.
Neither Mrs. Brown nor her son were mentioned in the singer's will - which was drafted more than a year before the couple exchanged vows - and the validity of the marriage has also been called into question.
Mrs. Brown was married to a Pakistani man before she married the singer, but she did not have that marriage annulled until 2004.
She says a Charleston judge ruled that her first marriage was void from the beginning because it was never consummated and there were allegations that Javed Ahmed used her to obtain a green card.
Mr. Brown's attorneys say her marriage to the singer is not valid because she never remarried him after her first marriage was annulled.
Mrs. Brown has challenged Mr. Brown's will as his "omitted spouse" and demands part of his estate.
South Carolina probate law states that if a person makes out a will before a child is born, the child receives the same portion he or she would have if the parent died without a will.
Reach Sandi Martin at (803) 648-1395, ext. 111, or firstname.lastname@example.org.