I have a issue with my father's construction business that's now in my uncle's hands ever since my father passed.

Asked 3 months ago - Colorado Springs, CO

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My father was in charge of the entire business in Denham Springs, Louisiana and he only had three kids, two sons and a daughter I am the only son named after him aswell. I would like to know if I am entitled to recieve anything from the construction business or anything at all. Because I have never recieved anything as far as entitlement or anything rightfully mine by my name or because I am his child.

Attorney answers (2)

  1. Pro

    Contributor Level 20

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    Answered February 14, 2013 15:34. There is a lot more information needed to begin to answer your question. It doesn't matter if your father was "in charge" of the business in Denham Springs. What matters is who owned the business and how was the business set up? It is possible that your father ran the business, but someone else owned the stock in the business or that there was some sort of contract or agreement regarding teh transfer of the business in the event of his death.

    It also matters very much whether your father had a will. If he had a will then you are only entitled to what the will provides for you and it is possible that the will transferred the business to someone else.

    Finally, it matters whether the business owed money to anyone and whether any such debts were secured by the business or its assets. You cannot inherit property that is already pledged to a creditor unless you are prepared to pay off the debt.

    Being named after your father gives you no extra legal rights. You and your two siblings are the default heirs and are entitled to inherit what your father owned when he died, but he was entitled to make other arrangements and not give you anything if he wanted to.

    You need to find out how the business was owned, whether your father had a will, and whether the will was probated. You will want to contact a probate lawyer in Louisiana if it is important to you to pursue these matters.

    You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney... more
  2. Contributor Level 6

    Answered February 21, 2013 10:32. The answer above is right on point. If you want to pursue this, you will eventually need to work with an attorney to review the ownership structure of the business and your father's will or the governing State's default distribution provisions. Good luck!

    As you know, I am not your lawyer and by providing this answer, we have not entered into an attorney/client... more

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