Legal Question in Wills and Trusts in North Carolina

I just was willed 45 percent of a company.My co worker the other 55 percent. I asked him to buy me out.He said no. What are my options


Asked on 2/16/12, 2:05 am

1 Answer from Attorneys

Is the person who willed you this portion alive or dead? If dead, you can always disclaim your share if you don't want it, in which case it would pass to whoever else is named in the will. If you do not want to disclaim and want your inheritance, albeit cash rather than a share of the business, then this is not really a probate matter.

In such case, what does any business bylaws/operating agreement say about the transfer of shares of a member of the corporation/partnership/llc?

My advice would be to review the business documents to see what, if anything it says. If none, then there is a mechanism by which a shareholder can compel the business to purchase the shares. If this is an LLC, there should be a similar mechanism.

If this cannot be accomplished, then you can probably petition the court to dissolve the business entity. You need to speak with a business lawyer who needs to know what kind of business enitity exists and what its bylaws/operating agreement says.

Read more
Answered on 2/16/12, 10:24 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in North Carolina