Legal Question in Business Law in California

business transfer

My father recently died. I'm currently running his small business. His wife is willing to sign over any responsibility she may have. Is there a way to do this with a simple notarized form?


Asked on 7/30/07, 2:27 am

3 Answers from Attorneys

Jeb Burton The Burton Law Firm

Re: business transfer

You have not provided enough information for us to give you an answer. What responsibilities does your wife have with regards to the business (was she an employee, director, shareholder, etc). If you are talking about transferring her interest in the company to you, this is more complicated and almost definetly can not be done simply. First you should wait until probate/trust administration is done for your Father's Estate (you don't know what her interest is). Second, since you live in a community property state, your work for the company is part of the "community" and therefore your wife gains an interest that way as well. An attorney knowledgeable in Estate Planning or Family Law and with Tax and Business Law backgrounds should be able to assist you in this, but it will not be a "simple notarized form".

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Answered on 7/30/07, 12:05 pm
Terry A. Nelson Nelson & Lawless

Re: business transfer

You're going to need more than some simply stationery store form. If this is a corporation, there are various internal company procedures and state and federal filings and transfer notices that must be done. If this is a non-corporate entity, there are different but similar issues to be handled. Also, there is likely the issue of probate of his estate, since title to his interest in the company would have to be resolved. Sounds like you need counsel to help keep you out of trouble in this? Feel free to contact me if interested in doing it right.

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Answered on 7/30/07, 1:56 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: business transfer

What you want is your father's wife's *rights*, not her responsibilities. You will probably have to accept the latter in order to get the former, but if you enter into a deal that only covers the latter you will quickly come to regret it.

As Messrs. Burton and Nelson point out, such transfers are complex and should be entrusted to competent counsel.

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Answered on 7/30/07, 2:22 pm


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