Deal is now in judge's hands

AIKEN --- The legal maneuvering surrounding the estate of James Brown might be drawing to a close.

On Monday, Judge Jack Early of the 2nd Judicial Circuit Court received the summary of a proposed settlement agreement concerning the estate and the 2000 Irrevocable Trust. The parties include the South Carolina Attorney General's Office, five of the late singer's six children mentioned in his will, his grandchildren and his fourth wife, Tomi Rae Brown.

The agreement still must be approved by Judge Early, who ruled Monday that 30 days after a final draft of the settlement is completed -- possibly this week -- a hearing will be held on the agreement.

"If I approve it, the estate matters are settled," he told the attorneys. "If not, then we're back to square one."

According to the synopsis filed Monday, the parties agree that Mrs. Brown was the legal wife of the singer at the time of his death on Christmas Day 2006. It also stipulates that all children and grandchildren mentioned in the agreement are Mr. Brown's lawful heirs and will not have to undergo DNA testing if the agreement is approved.

The legality of Mrs. Brown's 2001 marriage to the singer has been questioned throughout the proceedings. Two weeks ago, Robert Buchanan Jr. and Adele Pope, trustees of the James Brown Estate, filed a motion to dismiss all spousal claims, stating that Mrs. Brown is not the surviving spouse of Mr. Brown because she was still married to another man when she and the singer married.

C.H. Jones Jr. of the state attorney general's office said if the court approves the agreement, "the settlement does resolve all those issues."

The settlement also stipulates that any assets and proceeds received now and in the future through the estate will be divided -- 50 percent to the charitable trust; 25 percent to Mrs. Brown, which includes any share to James Brown II; and 25 percent to Larry Brown, Daryl Brown, Venisha Brown, Deanna Brown Thomas and Yamma N. Brown.

Mr. Jones said the James Brown Education Trust will be expanded "further than the terms set forth in the original agreement of James Brown."

However, unlike charitable trusts, which can continue in perpetuity, there is a limit on how long private trusts can continue.

"We have decided, as part of the settlement, to extend the trust as far as we can -- for about 90 years," Mr. Jones said. "Then it will roll over into the charitable trust."

Highlights of the proposed settlement include:

- If the singer's home at 430 Douglas Drive in Beech Island is sold, Mr. Brown's children will have the right of first refusal to purchase the property within 120 days. If they decline, Mrs. Brown has the same option.

- Mrs. Brown and the children of James Brown agree to work together to create a museum or other memorial burial place for his remains, preferably at the Beech Island location. If that is not accomplished within seven years, Mr. Brown's remains will be buried in the cemetery in Augusta where his parents are buried.

Reach Michelle Guffey at (803) 648-1395, ext. 110, or michelle.guffey@augustachronicle.com.