Legal Question in Wills and Trusts in Massachusetts

business partnership - death

I had a business w/my boyfriend. We were going to disolve it and invest the money in my name for my future, he was older than me. He got sick and passed away. His name only appeared as owner. Son is telling me I have no claim. Do I have any chance of a case? Business account - $240,000.


Asked on 5/18/07, 2:56 pm

2 Answers from Attorneys

Alexandra Golden Golden Law Center

Re: business partnership - death

You probably do not have a right of inheritance because there is no will and you were not married at the time of your boyfriend's death. However, if you contributed to the business (labor, money, etc.), then it is highly likely that you have rights as a creditor. If you are determined to be a creditor of the estate, your rights will come before those of the heirs-at-law.

The statute of limitations for filing claims against the estate is one year from the date of death. You need to consult as soon as you can with an attorney who specializes in probate litigation and discuss how to value you claim and the procedures for intervening in the case.

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Answered on 5/18/07, 3:12 pm
David Summer Law Office of David B. Summer

Re: business partnership - death

You have no right of inheritance, but you may have a right with respect to the assets of the business. It depends on how the business was formulated and how you owned your part of the business. You should have an attorney review the releavnt business documents to better determine your rights.

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Answered on 5/18/07, 3:44 pm


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