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I Feel Good… You Knew That I Would Now

Kelly Phillips ErbJanuary 11, 2007November 17, 2019

In yet another twist to the James Brown saga, it turns out that the Godfather of Soul did not provide for his five year old son with Tomi Rae Hynie, James Jr. According to Strom Thurmond Jr., one of Brown’s legal team (and no, I’m not making that up) the will does provide for six of Brown’s other children.

Whether James Jr. has any recourse is yet to be determined.  While most states, including South Carolina (Brown’s home state), have prohibitions against disinheriting a spouse, it is perfectly legal to disinherit your children (unless you’re the father of a brilliant young tax attorney in which case it’s widely discouraged, Dad).  The exception to this rule is the “after born” child; this rule allows children who are born after a will is written to argue that he or she would have been included in the disposition of the estate.  If South Carolina has such a rule, it will certainly be interested to see whether it would apply in this instance.

As for Tomi Rae Hynie?  No word yet on her legal plans.  Remember, she might or might not be James Brown’s widow.

I smell made for TV movie…

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Kelly Phillips Erb
Kelly Phillips Erb is a tax attorney, tax writer, and podcaster.
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James Brown, Tomi Rae Hynie, will

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