Legal Question in Wills and Trusts in Massachusetts

Re: Control issue

My condolences.

To the Question: It depends.

Was the business incorporated? Did the brother who acted have rights under corporate or llc documents to do what he did?

Reasonable steps to protect the business would be in line, but that does not mean, necessarily, that the brother is the owner of the business.

It would be wise to contact an attorney with probate and business law experience, promptly. Please feel free to contact my office if you wish to follow up and pursue the matter.

Re: Control issue

Without more information about the business, it is difficult to know. I would assume the business was a partnership, but even if that is the case, the Uncle does not necessarily own the business unless there is a buy-sell agreement.

The sons should contact an attoreny ASAP who has both Probate and Business Law experience.

If you have more questions, you can call me.

Re: Control issue

Technically the mere presentation of a death certificate rarely if ever gives another person a right to assume bank accounts and/or a business.

If there is some legally valid writing that confers this power, then the writing needs to be reviews.

If you need assistance, contact me.