Legal Question in Wills and Trusts in Washington
My partner in a business involving producing events has passed away. He formed an LLC at the time we formed our partnership and I was not listed on that LLC as an officer or member . There is sufficient documentation that I was a full partner in this venture and had been paid over the last two years for events we co-produced. At the time of his death, we had two events that we had not settled up the finances on. His estate is with a probate attorney....my question is, I have sent a profit and loss statement with documents to back it up in order to recover my half of the earnings for our partnership to the probate attorney. Being that it is an LLC what problems can arise in trying to recover what is owed to me? It is a substantial amount.
2 Answers from Attorneys
When you say "He formed an LLC at the time we formed our partnership and I was not listed on that LLC as an officer or member" a lot of questions remain unanswered.
There are specific procedures for dealing with dissolution and/or probate for different entities.
If you wish to explore the different options, a review of the pertinent documentation and some background information would be necessary.
If you wish to explore this in greater detail, please contact me for an appointment.
Charles Cruikshank
Typically if a decedent owes money the creditor must file a creditor claim with the personal representative. If an entity dissolves it must take care of its debts in a variety of ways. You do not state whether there are/could be other members of the LLC or what your role was other than your statement about being "a full partner." I would encourage you to contact a probate attorney who handles probate litigation so that you could proceed with your claim. We regularly handle such matters if you need further assistance.
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