News 12 at 6 o'clock; November 25, 2008

AIKEN, S.C. --- It's been a long legal battle over the Godfather of Soul's estate, and it could be over in just a few months. Since James Brown died on Christmas Day 2006, you've heard about the battle. But, now that a settlement is almost final, there are still a few roadblocks in the way.

Deanna Brown says her family can do a better job than anyone else with her dad's wishes. Now, it's a wish that could be granted, soon.

She's given away turkeys with her famous dad for years. But since his death, she's sat quietly in the Aiken County Courthouse for almost two years. "On a serious roller coaster that probably Six Flags will never be able to build," says Deanna on the past two years. Now, a day she's been waiting for is almost here.

"I'm so glad that Judge Early has heard our cry and would like to see things move forward," says Deanna. It's planned to move forward through a settlement, a compromise, with five of Brown's children, Tommie Rae and her son, James Brown II.

"The most important thing here is my father's legacy will live on with the way that it should be done," says Deanna.

It all boils down to this plan. "The trust is getting 50% of the assets, the children are getting 25% and Tommie Rae and her son are getting 25%," says Attorney Robert Rosen. "Couldn't be more fair."

But one attorney may stall that plan. David Bell says Terry Brown -- who's James Brown son -- is named in Brown's will. But, he wasn't at the settlement meeting the other children had back in August of this year. "If you want to have an agreement, everyone has to participate," says Bell. "Until everyone is on board, it's not an agreement."

Rosen replies, "we've publicly said on the record he'd get the same settlement as the other children. Why he'd reject that, I don't know." Rosen admits Terry was not in the first meeting, but he was given this offer subsequent to that meeting.

So, the end of the nearly two year battle could be near, or it could be far, far away. "We're not in it for greed," says Deanna. "We're in it for what is right for our father. The legacy does not live on, with the court fighting."

More details from Tuesday's hearing: As if the estate battle needs another adviser, it got one. Judge Jack Early allowed a special administrator to be added, solely to review the settlement. We're told that special administrator is going to be a CPA from Columbia.

Bell has a month or so to write a response to the court on why he wants the Judge to rule in his favor, that all the beneficiaries of the original will need to be present in order for the settlement drafted to be legal.

Another issue is the intentions of James Brown and what he stated in his will filed in the courthouse. News 12 talked with Assistant Attorney General Sonny Jones from South Carolina on Tuesday. He says, as long as there is probable cause, they can rework a will. That's true, even if Brown's will clearly states that if anyone he named in it, challenges the will, they will get nothing.