Will is on file

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AIKEN - The will of legendary musician James Brown was filed Thursday in Aiken County and specifies that personal belongings from his Beech Island estate, including boats, automobiles and jewelry, will be divided among six of his children.

Neither Tomi Rae Hynie Brown nor James Brown II is mentioned in James Brown's will, filed Thursday. Mrs. Brown has said she will contest it.  Chris Thelen/Staff
Chris Thelen/Staff
Neither Tomi Rae Hynie Brown nor James Brown II is mentioned in James Brown's will, filed Thursday. Mrs. Brown has said she will contest it.

The will makes no mention of Tomi Rae Hynie Brown, a backup singer in his band whom he married more than a year after the will was drafted in August 2000. The document also doesn't mention her 5-year-old son, James Joseph Brown II, who was born more than 10 months after the will was finalized.

"We believe this will to be the controlling document of Mr. Brown's intent," said Strom Thurmond Jr., the singer's Aiken probate attorney. "These (children listed in the will) are the only six children."

Mrs. Brown not only was excluded from the will, she also was not listed as his widow on his death certificate. The certificate, among 20 documents filed in Aiken County Probate Court late Thursday, states that he was widowed and lists Adrienne Lois Rodriguez, to whom he was married from 1984 to 1996, as his deceased wife.

She died in 1996 at age 45 after cosmetic surgery in California.

The information in the death certificate was provided by Yamma Brown Lumar, one of his daughters from an earlier marriage to Deidre Jenkins.

In the application for informal probate of will, Mr. Brown's attorney checked "no" for the question that asks whether the singer had a change of marital status or had any more children after the will was drawn Aug. 1, 2000.

James II was born June 11, 2001, and the singer married Mrs. Brown on Dec. 14, 2001.

Mr. Brown's attorneys have disputed that Mrs. Brown was legally married to the late soul singer and also have questioned whether the couple's child is his son.

In his will, Mr. Brown states, "I have intentionally failed to provide for any other relatives or other persons ... Such failure is intentional and not occasioned by accident or mistake."

The document also states that claims on his estate from anyone not listed in the will "shall be considered an affront to my wishes and shall be challenged as such by my fiduciaries."

The six heirs listed in the will are Deanna J. Brown, Ms. Lumar, Vanisha Brown, Daryl Brown, Larry Brown and Terry Brown, all adult children from previous relationships.

The document calls for them to receive equal portions of Mr. Brown's "personal and household effects."

Buddy Dallas, one of Mr. Brown's attorneys and a trustee of his estate, said there is no document detailing which heir gets what. The will gives his trustees - Mr. Dallas, David Cannon and Alford Bradley, the authority to divide the property if the heirs can't do so among themselves.

The value of the late soul singer's estate is not listed in the will. Mr. Thurmond and his partner, Ray Massey, said they have yet to even enter the musician's Beech Island estate to start the appraisal process or determine what will be considered part of his estate and what will be included in Mr. Brown's irrevocable trust.

They have 90 days to file the appraised value, with the option to appeal for more time. Appraisers who specialize in memorabilia will be used.

"They will have experience with these types of estates, with entertainers who have passed away," Mr. Massey said.

No one had contested the will as of Thursday, though Mrs. Brown has vowed she would if she or her son were left out.

She said she's been locked out of Mr. Brown's estate since his death Dec. 25.

"I'm really not worried about it," Mrs. Brown said Thursday when questioned by phone about the will. She said her attorneys had advised her not to discuss it.

Mr. Thurmond said he had spoken repeatedly with Mrs. Brown's attorney, Robert Rosen, but would not discuss the meetings. Messages left with Mr. Rosen seeking comment were not returned Thursday.

The controversy over Mr. Brown's marriage to Mrs. Brown stems from her previous marriage to Pakistani Javed Ahmed.

The two married in 1997, but it was annulled in 2004 on grounds that the marriage was never consummated and allegations that he used her to obtain a green card.

The singer's attorneys say her marriage to Mr. Brown is not legal because the couple never remarried after her first marriage was annulled.

The couple's relationship was tumultuous.

After Mr. Brown was arrested in January 2004 on charges that he pushed her to the floor during an argument, he filed but later withdrew an application to annul his marriage to her, and in 2003, he ran a full-page ad in Variety announcing that the couple had decided to go their separate ways.

Her attorney, Mr. Rosen, told the Associated Press earlier this week that she will sue for 50 percent of Mr. Brown's estate and trust, and James II will get one-seventh of the other 50 percent.

Under South Carolina probate law, if a person makes out a will before a child is born, the child receives the same portion he or she would have had the parent died without a will.

Mr. Dallas said Mr. Brown made his own decisions. He said if Mr. Brown was alive, no one would have the audacity to question his decisions.

Now that the will is public, Mr. Dallas said, the trustees can carry out his instructions. He said the family is discussing plans for the Beech Island property and mausoleum to house Mr. Brown's body.

Staff writers Mike Wynn and Johnny Edwards contributed to this article.

Reach Josh Gelinas or Sandi Martin at (803) 648-1395.

RECENTLY RELEASED DOCUMENTS

 • Last Will of James Brown
 • James Brown's Death Certificate

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hesterdr
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hesterdr 01/19/07 - 08:47 am
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married or not he signed the

married or not he signed the birth certificate as father of james brown jr from what i heard. he lived with tomi ray for many years and it just shows lack of charactor of this man to exclude them weather they were married or not, what has this little boy done to him in his short life to warrent such abandoment. of course then again james brown has a record dating back to his teens as a crinimal so did any one really expect any thing truly decent from this person or those closley connected to him. people also forget especially augusta he resided in sc, not georgia. so whay does augusta lay claim to fame concerning him. i had much rather augusta have him than us here in sc. as you can see sc is not all excited to put up momunets and such for this man. we dont honor convicted crinimals.AND FOR GOD SAKE BURY THE MAN. its been a month he might start to smell in the upcomming months.

InChristLove
22407
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InChristLove 01/19/07 - 09:27 am
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0
I don't understand how all

I don't understand how all this mess about James Brown can continue the way it is. It's like the lawyers and older children are doing what they please. How can a death certificate be issued when there are still questions concerning his marital status. Will all this paperwork have to be reissued if it's settled in court that Tomi Rae is the legal wife of James Brown. If the personal property of James Brown is divided equally among the first six children and it's determined that James Brown II is the son of the late James Brown at a later date will all the property have to be brought back to the estate and divided seven ways. Seems to me the question concerning if they are married and if the child is his should be established first before anything else goes any further.

hesterdr
0
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hesterdr 01/19/07 - 09:44 am
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i agree with (inchristlove)

i agree with (inchristlove) the issue of the will and estate need to be put on hold. i know from personal experience probate judge sue rowe in aiken county on one occassion ruled against the family and older children when they tried to exclude two minor children from the estate and ommited another child born out of wedlock also. she ruled that if the father was on the birth certificate even though no parterenty test had been done and he had publicly claimed these children as his then they were the legal heirs of the estate. and another grown daughter who he had publicy claimed as his daughter was an heir also even though he was not listed as the father and she never carried his last name. so if sue rowe holds the same standards in the james brown case then the boy known as james brown jr will be listed as an heir as he did publicy state the is child on many much pubilized occasions as has been shown latley on national news. he also made quite many references to tomi ray as his wife , which also has aired on national tv. has the brown children remained so estranged from thier father they did not know who he kept company with the last 10 yrs or how many children he had?

NicoleKelly
7
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NicoleKelly 01/19/07 - 09:45 am
0
0
I don't believe one bit of

I don't believe one bit of this. The truth will come to light. Team Tomi Rae!!!!!!!!!!!!!

PFLY775
2
Points
PFLY775 01/19/07 - 10:03 am
0
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Somthing ain't clean in the

Somthing ain't clean in the milk! If Mr. Brown was known for his precision and intentionality then there must be an updated will. Seems like he would not exclude his own child. When there is a lot of money at stake, anyone that you succeed in excluding means more money in your pocket. I also agree with Hesterdr. Isn't there a law about have the deceased "around the house" for so long? That is so gross. Talk about disrepectful! I can't believe that those who profess alll this love for him are allowing this to occur. Put his remains in a temporary grave, they can always be moved later.

KingJames
10
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KingJames 01/19/07 - 10:30 am
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"NO COMMENT!" That's the

"NO COMMENT!" That's the only thing anyone should have to say. I only read the story, not any of the readers' comments. It really doesn't matter how any of us felt about Mr. Brown, or how we feel about his family. This is now a legal matter and the courts will decide the validity of his will, and/or who gets what. Let the legal process work and stop worrying about it. Afterall, that's what all the real stakeholders are doing.

colgate
0
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colgate 01/19/07 - 10:41 am
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Good morning Team Tomi

Good morning Team Tomi Rae,
What happened to you yesterday NicoleKelly when we were communicating w/Mr.D? Anyway, I've been reading over the will and I of course have a question. Where the heck is Beech Island? Is it in Augusta or is it in Aiken County?

colgate
0
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colgate 01/19/07 - 10:57 am
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Team Tomi Rae, Don't get

Team Tomi Rae, Don't get discouraged because some haters don't want us together as a team. If they want to join just hop onboard. I too at first was not a fan of Tomi Rae, but I had a change of heart. If he lived w/her off and on for all those years she should be entitled to something. It is not right for anyone including Mr. Brown and the big D, to use someone w/ an addiction and manipulate and go back and forth w /them when you know they are not thinking straight. Money asisde, anyone could find themselves in her shoes. If Mr. Brown acknowledged her as his wife as recent as 12/15/06 on the interview (see previos comments from yesterday) and his daughter Deana acknowledged the little boy as her brother then there is sufficient reason to form TEAM TOMI RAE!!!!!!!!
I am the teamate formerly known as Ad......GO TEAM TOMI RAE!!!

colgate
0
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colgate 01/19/07 - 11:06 am
0
0
Waiting for the rest of the

Waiting for the rest of the team so I can give you the lowdown on what I think are a few little inconsistencies here

NicoleKelly
7
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NicoleKelly 01/19/07 - 11:17 am
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Team Tomi Rae!!!!!!!!!!

Team Tomi Rae!!!!!!!!!!

KLD108
1
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KLD108 01/19/07 - 11:27 am
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Hello everyone---reporting

Hello everyone---reporting for duty Team Tomi Rae:

WOW is all I have to say right now. I can't believe Yamma, but then again I don't know her. WOW---Tomi Rae has a fight on her hand.

colgate
0
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colgate 01/19/07 - 11:29 am
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Check that will out

Check that will out NicoleKelly. At the bottom of the will, left hand side, the original county and state have been crossed out. I'm not sure that it's even initialed ther. I magnified it and I still can't say that it is intialized like you're supposed to do when something is changed. Also who is this notary that signed. can't quite make out the name. Was the will filed in Ga. or SC. That's why I asked not only where is Beech Island . Depends on where the will was signed at as to which state laws apply. Of course Mr. (bad attitude) D is going to say SC. The fact that it's crossed out looks fishy.
And the wording on that will just screams Mr.D . My former employer( you would recognize if I gave the name) had a legal department and the head legal counsel person ( who I never thought was too bright even though he had a degree) use to try to be creative w/wording ehn drawing up some legal documents. However he lost a lot of cases because when he got to court you can't just make up anything you want in a legal document.

kudzo-n-roses
2
Points
kudzo-n-roses 01/19/07 - 11:34 am
0
0
Because I do not like dallas

Because I do not like dallas I have made a few comments inferring that perhaps he was mismanaging this entire brown issue.....(and I still believe he will suck the trusts dry if he can)....however there is no other will...even though dallas is a sleaze bag he is not stupid.........brown simply did not update his will or he did not want the woman in question to have any more than the 80,000. All of you sound like a bunch of high school cheerleader wannabees.... and really ignorant ones at that. I think nicolekelly is a professional woman and is not responding because she is much smarter than the rest of you. And this would be embarassing to her.

colgate
0
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colgate 01/19/07 - 11:34 am
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I've got to check out for a

I've got to check out for a little while. Back soon.
Dr. Yamma is the one that dissed Tomi Rae on the death certificate.

Rose
17
Points
Rose 01/19/07 - 11:35 am
0
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These children and any of

These children and any of their legitimate issue,who also shall be lineage issue of mine shall be the entire class that i acknowledge to be my heirs and issues. WHAT DOES THIS MEAN?What is lineage issues?

colgate
0
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colgate 01/19/07 - 11:37 am
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Today I'm ignoring people who

Today I'm ignoring people who are name calling.

KLD108
1
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KLD108 01/19/07 - 11:47 am
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karmakiller, I seemed to have

karmakiller, I seemed to have to address this issue everytime I go on this blog. This is America, and freedom of speech. Not one of us on here will profit from anything. We've basically met a few people talking about this topic and just writing on this blog. Unless you are a Brown, undercover, I understand, but if you're just a common person spending your valuable time to give your opinion then once that's done, you want to dog us. NicoleKelly started the Team Tomi Rae. If you don't like what certain people say or this Blog, go find another one, better yet, check the weather. Before you call anyone ignorant why don't you proofread and use proper nouns, pronouns and verbs. The last I checked miss was only used when addressing a single woman. You're the ignorant one. Keep your nasty, insulting remarks to yourself. Not that I'm a fan of James Brown and I won't disrespect him, but my opinion is just that.

Rose
17
Points
Rose 01/19/07 - 11:47 am
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Richmond County and Georgia

Richmond County and Georgia were crossed out and SC and Aiken County put in. I can't make out the initial. Something stinks.

KLD108
1
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KLD108 01/19/07 - 11:48 am
0
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Colgate- I agree. It's

Colgate- I agree. It's ignorant and petty. This is just OUR OPINIONS---WE'RE NOT IN THE WILL EITHER....LOL...

KLD108
1
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KLD108 01/19/07 - 11:53 am
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alee115, no disrespect to the

alee115, no disrespect to the late James Brown, but do you honestly think all of that was explained to him? And being the type of man he was, and leaving that heartfelt message for Tomi Rae on her voicemail that he honestly would do her and little James like that? I believe there is another Will, but it will never surface. And I still believe that page with the signature was slipped in on James while he possibly had to sign other documents. It looks very unprofessional and Yamma named his deceased wife? What in the world? Did she not see Tomi Rae's wedding photo and marriage certificate? It was never annulled!! Wow!!

Rose
17
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Rose 01/19/07 - 12:01 pm
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But what is lineage issue of

But what is lineage issue of mine? Is that little James? Why would he make provisions for any of the kids named in the will if they were minors? None were minors when the will was signed.

kudzo-n-roses
2
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kudzo-n-roses 01/19/07 - 12:02 pm
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kld ...thanks for catching

kld ...thanks for catching the typo........And I will speak my piece just as everyone else does....nicolekelly has not said anything (except go team) since these people started contacting the lawyers office...(and they want to start a covert campaign about calling into dallas's office... and talk about it on a public forum!!) ... they act and sound ignorant !!! ....(I am calling their actions ignorant).
And my opinion is just that. thank you very much.....

KLD108
1
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KLD108 01/19/07 - 12:13 pm
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karmakiller, this is the last

karmakiller, this is the last time I will address you, be an adult, give your opinion, but KEEP YOUR DAMN NAME CALLING TO YOURSELF. Maybe you haven't been on the last few days when NicoleKelly has had plenty to say. Why are you trying to single her out...mmmmm? Do what you need to do.

KLD108
1
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KLD108 01/19/07 - 12:17 pm
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alee115---This is my last

alee115---This is my last statement for today, karmakiller and all of these other smart mouth, ignorant people aren't going to [filtered word] me off. I'll be in Los Angeles next week anyway and I probably won't return to this site...anyway, lineage and everyone having Brown as their last names....no updated will, it's all questionable but it's not up to us....I believe in the end Justice will prevail. I'm glad Tomi Rae is being quiet, but her attorney's are probably working like Hebrew Slaves...I just pray the DNA works in her favor and for the love off Moses, PLEASE BURY JAMES BROWN!!!

TAKE CARE!!!

KLD108
1
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KLD108 01/19/07 - 12:19 pm
0
0
Team Tomi Rae----I'm off the

Team Tomi Rae----I'm off the team but it was a pleasure

NicoleKelly, advance, manoman, alee115, colgate keep the Team Alive!!!

ldavis
0
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ldavis 01/19/07 - 12:19 pm
0
0
I agree and I disagree with

I agree and I disagree with many, but all I have to say is if this man was so heart felt to give to the needy during the holidays; why would he not give to his own flesh and blood a young child. I truely belive God will work all this out for that baby, you just wait and see. I really cannot speak on the grown kids because they are of age it is the little one who is affected.

kudzo-n-roses
2
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kudzo-n-roses 01/19/07 - 12:24 pm
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0
tut..tut..kld now no name

tut..tut..kld now no name calling.... please..please please....LOL

kudzo-n-roses
2
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kudzo-n-roses 01/19/07 - 12:35 pm
0
0
Oh and by the way my

Oh and by the way my intention was not to single out anyone. I was simply responding to queries as to where nicole was when all the illicit phone calls were being made. Quote..."What happened to you yesterday nicolekelly when we were communicating w/Mr D"? colgate Quote...........

hudd
0
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hudd 01/19/07 - 01:44 pm
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Here's the downside of the

Here's the downside of the "information age" we live in. It's majorly uncool to distribute documents that contain personal information like social security numbers and addresses. They
should have redacted that information before sending out the death certificate.
Also, is it really proper to send out the will for all to see when the estate has yet to be settled?

Is there no privacy left in America?

stampman79
4
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stampman79 01/19/07 - 01:52 pm
0
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One thing that everyone has

One thing that everyone has forgotten is that the taxman will probably be the biggest beneficiary of James Brown's estate. Since it is probably worth many millions over the current 2 million federal exemption, the death tax bill will be ugly.

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