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James Brown's 5-Year-Old Son Shut Out of Will

1/12/2007 3:35 PM PST BY TMZ STAFF

Tomi Rae Hynie and sonPapa may have a brand new resting place, but James Brown's youngest son and his last partner, Tomi Rae Hynie, won't be getting any of the Godfather of Soul's money.

According to Brown's attorney, Strom Thurmond Jr., five-year-old James Jr. is not listed as one of Brown's six children in his will, which was read in Aiken, S.C. today. And his mother, Hynie, once a backup singer for Brown, was also disinherited. Another Brown attorney says that the will has been read, but not yet filed in probate court.

Shortly after Brown's death on Christmas Day at age 73, Hynie returned to the Atlanta home she said she shared with Brown -- only to find herself unceremoniously locked out. A lawyer for the late music legend said that Hynie and Brown weren't legally married. Hynie's attorney, Thornton Morris, says that his client has no idea when the will was executed.

89 COMMENTS

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61.

Reverend Smarthinney    

If he had enough time to give his lawyer these instructions then he should have had the test done and set things up so the gold digging mom was not in control of the childs funds.

now she will be in control of this childs inheritance

2810 days ago
62.

Bella    

Thats really really messed up, the kid deserves something. I'm going to wait and see because at 1st it was reported she was his wife and now we all know she isn't so maybe there a miscommunication somewhere, if not DAMN Godfather whatabout your child:(

2809 days ago
63.

Dorian    

Well, I still have 2-cents to add, after the 98 I squandered above.

The child's mother claimed she was penniless, but other sources (well placed) have said she had plenty of cash at the time of his death, and moreover, she also had a separate home nearby. She was certainly neither homeless, nor penniless, as she would like everyone to believe. Shameless she is indeed.

In fact she herself recently stated on a television entertainment show that aired just Saturday evening that Mr. Brown had made financial provisions for the child prior to his death. A trust fund of sorts, and although she did not make the terms of the arrangement clear, she did insinuate that it was a substantial amount of money. She lacks morals and therefore shame does not apply, as that would also require an ounce of dignity.

Further, Brown told her to act upon the "arrangement" as soon as he passed away, which she did without hesitation, because as she herself stated, she knew damn well that all of his bank accounts would immediately be frozen upon his death, and thusly, absolutely out of her reach.

Perhaps Brown doubted the paternity of the child, as he could have easily revised the terms of his last will and testament at any time after the birth of the boy. Time will tell just who the child is, as all truths come to light eventually.

2809 days ago
64.

KATHY    

THIS SHOULD BE A LESSON TO ALL THE WOMENS OUT THERE, IT IS A OLD SAYING "WHY BUY THE COW WHEN YOU CAN GET THE MILK FREE" WOMEN KEEP YOUR DIGNITY & STOP FORNICATING OR COMMITTING ADULTRY. THERE IS A PRICE TO BE PAID & THIS IS AN EXAMPLE FOR ALL THE FEMALES OUT THERE!!!!!!!!!WHERE IS YOUR SELF ESTEEM??????????THOUGHT FOR TODAY: NOW A DAYS YOU NEED TO GET A DNA EVEN IF YOU ARE MARRIED!!!!!!!!!!!!!!!!

2809 days ago
65.

Lisa S    

Has anyone ever though that maybe when James Brown was diagnosed with prostated cancer, what the Dr. may have told him in regards to having children. Maybe he was infertile.

2808 days ago
66.

Dorian    

HEY EDITH (#64) - YOU ARE APPARENTLY EITHER A CLOSE FRIEND OF "TAMMI RAE" OR AN IGNORANT FOOL, OR PERHAPS BOTH. JUST THREE WORDS FOR YOU TO DWELL ON, HOWEVER, AND THEY ARE:
QUID PRO QUO.

YOU GET AS GOOD AS YOU GIVE, AND THAT CHICK IS SIMPLY A TAKER.

2808 days ago
67.

Joy    

Here is a 5 year old who has been locked out of the family home he has known, he has been uprooted, he is grieving the man who was a father to him, (or in a father role), and he is seeing and hearing people speak badly about his mother and him. They have chipped away at his heritage and very existence. It would be a terrible feeling to be 5 years old and know people dismiss you as if you do not exist. If you catched Tomi Rae Brown's interview on Larry King, you caught a glimpse of how this mother and child are being treated- i.e. she is being accused of not "conducting" herself properly while grieving the death of the man she loved, she is being pushed aside, people are being condescending, she and her child were padlocked out of the family home......it goes on and on. If James Brown was such a generous and loving man (as his other children describe), how could he not provide for this little boy who lived with him? He apparently left $80,000.00 in an envelope for James, Jr. and his mother- which is equivalent to what- an average person's 3 year salary? Why would the great, good-hearted, loving, James Brown's generosity come to a screeching halt over a little boy? A child even remotely close to James Brown would deserve something pretty near perfect, I would think! To be left out in the cold? Who could imagine......Why aren't these mourners who love James Brown so much, bending over backwards to cherish what was supposedly near and dear to him? I think it would be perceived as DISRESPECTFUL to the memory of James Brown to NOT do this.

2808 days ago
68.

Philly mama    

The attacks on this poor little boy are ridiculous, you all act like he asked for his parents. Many people, even those in the worst of health, do not update their wills. They have not stated the date of this will, don't be shocked when it is stated that the will was written in 1990. I have looked over his picture over and over before making this post and he does resemble James Brown, Sr. but a DNA test should and will be performed if his mother decides to sue for his part in the will. She has every right to do this and it will affect everyone listed in the will. So what he had some form of trust fund for him, he is still entitled to an equal portion of the $100mil that his daddy was worth. James Brown lived with the child and his mother for the child's entire life and cared for him as his own. In many states that is an acknowledgment of paternity and no matter what the DNA test says they still have to financially support that child, it should be no different in this case. James Brown was a wonderful entertainer and musician but he left much to be offered in his personal affairs.

Let's hope that this child grows up to be a decent human being and not like any of the horrible name callers that have posted here.

And to set the record straight, there are more White people on welfare meaning less White men taking care of their children. Real men take care of their responsibilities. Playing the race card is low and has absolutely nothing to do with the situation. Yes he is Black and she is White but that is about all there is to it. Let's find out how much he had to do with his all Black children. Let's find out how many other celebrities have not done their part in raising their children, they weren't and aren't all Black.

2808 days ago
69.

Eric    

The little boy will be fine. He just needs a good attorney. I'm not sure when he was conceived, but he was born after the will was executed. This makes him a pretermiited child. Under SC law (or just about any other state) he is entitled to a share comprabale to the other children, or an amount he would have received had James Brown died without a will. He needs to a good lawyer to show that the boy's omission was not intentional. Maybe he didn't know he was so close to death, or he he ust hadn't got arou d to seening his lawyer about his will. I think the boy will get something

2808 days ago
70.

Katsy    

I've read every comment on here, and I too think its disgraceful how some people are treating the child, the child lived with Mr Brown correct, imagine how he felt, christmas day, not only finding out the person he at least thought of as his father was dead, then being thrown out the house too, who knows there might even be some of his christmas presents still in there.

And now, the people who even though they don''t like him, were brought up and known to him as his brothers and sisters are treating him like dirt, I don't care what the DNA test says that kid has a right to at least something.

2806 days ago
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