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Last will and testament

Brown signed his last will and testament on August 1, 2000, before J. Strom Thurmond Jr., an attorney for the estate. The irrevocable trust, separate and apart from Brown's will, was created on his behalf, that same year, by his attorney, Albert "Buddy" Dallas, one of three personal representatives of Brown's estate. His will covered the disposition of his personal assets, such as clothing, cars, and jewelry, while the irrevocable trust covered the disposition of the music rights, business assets of James Brown Enterprises, and his Beech Island, South Carolina estate.

During the reading of the will on January 11, 2007, Thurmond revealed that Brown's six adult living children, Terry Brown, Larry Brown, Daryl Brown, Yamma Brown Lumar, Deanna Brown Thomas and Venisha Brown, were named in the document. Hynie and James II were not mentioned as heirs. Brown's will was signed 10 months before James II was born and more than a year before Brown's marriage to Tomi Rae Hynie. Like Brown's will, his irrevocable trust omitted Hynie and James II as recipients of Brown's property. The irrevocable trust had been established before, and not amended since, the birth of James II.

On January 24, 2007, Brown's children filed a lawsuit, petitioning the court to remove the personal representatives from the estate, including Brown's attorney, as well as trustee Albert "Buddy" Dallas, and appoint a special administrator because of perceived impropriety and alleged mismanagement of Brown's assets. On January 31, 2007, Hynie filed a lawsuit against Brown's estate, challenging the validity of the will and the irrevocable trust. Hynie's suit asked the court both to recognize her as Brown's widow and to appoint a special administrator for the estate.

On January 27, 2015, Judge Doyet Early III ruled that Tomi Rae Hynie Brown was officially the widow of James Brown. The decision was based on the grounds that Hynie's previous marriage was invalid and that James Brown had abandoned his efforts to annul his own marriage to Hynie.

On February 19, 2015, the South Carolina Supreme Court intervened, halting all lower court actions in the estate and undertaking to review previous actions itself. The South Carolina Court of Appeals in July 2018 ruled that Hynie was, in fact, Mr. Brown's wife. In 2020, the South Carolina Supreme Court ruled that Hynie had not been legally married to Brown and did not have a right to his estate. It was reported in July 2021 that Brown's family had reached a settlement ending the 15-year battle over the estate.