Legal Question in Wills and Trusts in California

inherited company name ie..''inc'',just name no assets

brother passed away, no will, no assets, had a company which was incorporated, but no tangible assets. I want to use the name, but have found out he owes 18-20k in back taxes under the inc. name...If i use the name will i be legally responsible for his back taxes? Do i need to reincorporate the ''inc. name'' in my state under my name?..or can i use the name as is and not worry about the taxes, No assests at all, no probate, no will, nothing just the name and the incorporation paperwork.


Asked on 1/23/04, 12:23 am

1 Answer from Attorneys
Scott Schomer Schomer Law Group

Re: inherited company name ie..''inc'',just name no assets

The ability to use a corporation name is generally a state by state determination. You need to check with the state where you want to work and see if the name is available. If your brother's corporation was never registered in your state, you probably will not have a problem. Also, if your brother's corporation has gone inactive, the secretary of state may be willing to allow you to operate under the name.

One last word of advice. Creditors might not believe you if they find you operating a business with the same name as your late brother. In the end, it might just be easier to use a different name. Consult with an attorney to learn more.

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Answered on 1/26/04, 1:04 pm


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