You Look Dated

Dates matter. Well, they do in Pennsylvania. The latest flap over James Brown’s estate has taken yet another turn that apparently hinges on the interpretation of state law.

James Brown’s attorney, Strom Thurmond, Jr., has acknowledged that James Brown’s will was signed in the year 2000 – before James’ child, James Jr., was born. The will was also signed before James’ perhaps-perhaps-perhaps wedding to Tomi Rae Hynie (yes, I’m still giggling). The will did not provide for either of James Jr. or Tomi Rae.

It is not permissible in the state of Pennsylvania (the state where I live and practice) to disinherit your spouse. That also appears to be the case in South Carolina, James Brown’s home state. That’s why it is to Tomi Rae’s benefit to prove that her marriage to James Brown is legal – even if she is not included in the will.

It is generally permissible to disinherit your children – there is no right to inherit from your parents. That said, some states have an “after born” child exception which allows for children who are born after a will is signed to basically argue that their parent meant to include them and just didn’t get around to it… Apparently, however, that is not the case in South Carolina.  According to Brown’s attorney, if a will specifically names a child but does not name another child, the child who is not named has no claim to the parent’s assets, irrespective of the date of birth.

Really? If so, that’s kind of interesting public policy. I’d be happy to hear another South Carolina estates or tax attorney chime in…