"I got the feeling" this estate is never-ending...

It has been over eleven years since James Brown, the “Godfather of Soul,” passed away in Atlanta, Georgia at the age of seventy-three. At the time of his death, James Brown had a full estate plan with specific directions and instructions as to the distribution of his assets upon his death. Unfortunately, to date, absolutely no distributions have been made from James Brown’s estate to any of the beneficiaries named in his Last Will and Testament.

Despite all of his estate planning, over a dozen lawsuits have been filed against the Estate of James Brown since his death on December 25, 2006. Mr. Brown’s children and grandchildren are suing his widow over copyright issues; another lawsuit is challenging whether Mr. Brown’s widow was legally his spouse; several lawsuits are contesting Mr. Brown’s Last Will and Testament; formerly appointed trustees of the estate are suing after they were removed as trustees; and an alleged son is asserting that he is a son and heir of Mr. Brown.

ORiginal image by Heinrich Klaffs, Creative Commons sharealike 2.0 license

Celebrity estate matters are likely to be riddled with complications mainly due to status, wealth, personal issues, and family matters. Mr. Brown, for instance, dealt with divorce and estranged children during his lifetime, drug abuse, domestic violence, and weapons charges. Clearly, Mr. Brown’s celebrity, wealth, and personal issues fueled much of the litigation that is currently plaguing his estate.

Although it may be surprising to most people, Vidovich Law has worked on numerous non-celebrity estates here in Columbus, Ohio and encountered many of the same issues currently affecting the Estate of James Brown. Even in estates with very little wealth, family fights and litigation have caused estate administration to drag on for years due to personal problems and family or relationship issues. Unfortunately, money and personal retribution are often the fuel that permits these “battles” to continue.

It is very important for everyone, regardless of wealth or status, to have an updated and comprehensive estate plan in place prior to death. It is equally important to hire knowledgeable and efficient legal counsel to represent the estate of the deceased individual as estate administration can quickly deteriorate into complex and complicated legal matters. Although these steps may not fully prevent estate litigation, they can certainly help the process move more efficiently through the court system.

About the Author

Kate O. Vidovich is an attorney located in Columbus, Ohio practicing in the areas of estate administration, probate law, adoption and surrogacy, probate and trust litigation, estate planning, wills and trusts, guardianships, and real estate law.