Legal Question in Business Law in New Jersey
I am 50% owner of a LLC with another gentleman. If I should die, could my partner go after my wife for any outstanding business debt? She does not work for the company and has no part in it.
3 Answers from Attorneys
Your wife is not responsible for the debts of the LLC. However, your estate may be responsible for any capital contributions to the LLC that are due from you but have not been made. Additionally, if the LLC loans money to you, your estate would be responsible for repayment.
Many single-member LLCs get by without any more documentation than the registration. However, an LLC that has multiple members should always have an Operating Agreement and some document (the OA or a separate agreement) that includes provisions for what happens in case of the death or disabiltiy of a member. For example, look at the same question from another point of view: Do you really want to be operating your company with your partner's wife as a manager if he pre-deceases you?
My firm handles matters of this type. If I can be of further help to you, call or email.
See also: http://info.corbettlaw.net/lawguru.htm
You should be working with an attorney for all business matters. Either call Mr. Corbett or call me and I can refer you to another attorney.
Get a good lawyer to take care of this.
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