Legal Question in Wills and Trusts in Massachusetts

Re: Complicated Partnership

This is a very complicated question, requiring review of the organizational documents of the business, knowledge of who died when, etcetera.

Absent written provisions to the contrary, the partnership is dissolved upon the death of any partner.

You need an attorney to sort this out. There are business issues, real estate issues, tax issues, and probate issues.

If you would like further assistance, please contact my office.

Re: Complicated Partnership

What happens to a partnership after the death of a partner is dictated by the partnership agreement. If the partnership agreement is silent about what happens if one or more of the partners die, the interest in the partnership belongs to the deceased partner's estate... and everyone is left with a mess like this.

A properly drafted partnership agreement usually has language either allowing a surviving partner to buy out the interest of a deceased partner or providing direction for the sale of the business and dissolution of the partnership. (Ideally, the partnership would have bought insurance to cover all these costs.)

You need to take a copy of the partnership agreement and all the documents you can find relating to the business and locate an attorney with the necessary business and probate litigation experience to advise you about your rights and provide you with proper representation.