James Brown’s Will was Flawless – So Why is it in Dispute Nine Years Later?

I was reading an article in the New York Times about the Godfather of Soul James Brown and the estate dispute that has been broiling for almost nine years now. Whats interesting about the Brown Estate is how ordered it was, and yet how disputes still embroiled. There is a lot that can be taken away from this and many lessons to be learned for those planning an estate in Florida. Here are just some observations from a Palm Beach Probate litigator.

•  Brown died at the age of 73 in December of 2006.
• The Estate is valued anywhere from five million to one hundred million dollars. 
• The bulk of the estate was promised to needy school children in Georgia (Brown’s home state).
•  Brown’s children have challenged his will.
• The family seeks to interject their desires for that of Brown .
• The South Carolina Attorney General has noted that the actions of the family   will endanger the charitable goals of Brown.
• The Attorney General has approved a proposal to distribute a quarter of the estate to the family to have them drop the contestations but it was thrown out by the South Carolina Supreme Court. 
• The Court described the state’s entry into administration of the estate as “an  unprecedented misdirection” of the attorney general’s authority that had led  to “the total dismemberment of Brown’s carefully crafted estate plan and its  resurrection in a form that grossly distorts his intent.”

This is not the first time this has happened. For a similar story the reader may look to the story of J. Seward Johnson Sr. who died at eighty seven in 1983 as the owner of the pharmaceutical fortune garnered by Johnson & Johnson. The parties disputed the will and in the end it was settled and the actual will merely resembled the original.

Was James Brown of sound mind when he made his last will and testament? The Court seems to think so and I agree. You see this is not just a lesson about human greed it’s a lesson about how a perfectly executed will is not enough.

It is important to also include dispute resolution clauses in your estate plan today. Not only do disputes like that concerning Mr. Brown and Mr. Johnson take up the inheritance of the heirs they also absorb the limited resources of underfunded courts which means less time for legitimate issues. Save everyone the heartache and prepare for inevitable disputes in your estate plan today.

Want to read more about James Brown’s estate disputes? Check out “Downbeat Legacy for James Brown, Godfather of Soul: A Will in Dispute” available here at: http://www.nytimes.com/2014/12/14/us/downbeat-legacy-for-james-brown-godfather-of-soul-a-will-in-deep-dispute.html?ribbon-ad-idx=12&rref=us&module=Ribbon&version=context&region=Header&action=click&contentCollection=U.S.&pgtype=article&_r=0