Legal Question in Legal Ethics in Florida

My husband passed away 2 months ago. After his death, I received papers suing him and our LLC for something they say he did 2 1/2 years ago. I filled a response, but they are trying to have it thrown out because I am not a lawyer in Florida, and the LLC can only be represented by a lawyer. Since my husbands death I have closed down the LLC. So there is no company to defend, no money for a lawyer, and no husband to defend himself against these charges. What should my response be now?


Asked on 12/06/10, 4:35 pm

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

You need to go to the nearest Free Legal Aid Clinic. A lot depends on what he is accused of doing, and whether you were aware of this before closing down the LLC. The whole point of an LLC is to protect assets of the principles from claims against the corporation. It's possible that even if the Plaintiff gets a "default judgment" that there will be nothing to collect, but have an attorney review your LLC papers, and the suit, to determine your exposure personally. Is it possible that the suit was filed because your husband died, and is no longer here to defend his actions?

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Answered on 12/11/10, 5:19 pm


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