Legal Question in Business Law in Minnesota

LLC organizer spousal rights

If my wife files a new LLC with the state (MN) as the only organizer listed, would that be ''half'' mine (as spouse) if something happened to her? If I don't have to put my name on the doc, I'd rather not.


Asked on 5/26/09, 9:24 pm

2 Answers from Attorneys
David Anderson Anderson Business Law LLC

Re: LLC organizer spousal rights

Organizer has no ownership rights whatsoever.

Ownership is set up in MCA.

No ownership rights are automatically vested in spouse without provision in MCA.

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Answered on 5/27/09, 7:05 am
Daniel Reiff Reiff Law Office

Re: LLC organizer spousal rights

Generally, half of it is not yours. The ownership claim really depends, though, in the context in which you are speaking. You may well get one answer when talking about actual business issues but another if the discussion is about a divorce.

Of course, there is a difference between an organizer of an LLC and a member of an LLC. I presume that your wife is going to be the sole member of the LLC, but that is not clear from your question.

DISCLAIMER: This is not intended to be legal advice or to create an attorney-client relationship. No such relationship is intended until both parties sign a retainer agreement.

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Answered on 5/27/09, 4:17 pm


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