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

Colorado Springs, CO |

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.

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Attorney answers 2

Posted

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 licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

Asker

Posted

Since you gave me the most comprehensive answer, in your professional would you think I have a descent chance at going through with this legal matter?

Stephen Clark Harkess

Stephen Clark Harkess

Posted

The key part of my answer was the list of things that you don't know and need to find out. There is no way to know if you have any sort of claim until you find out how the busienss is owned, whether there was a will, and whether the will was probated. If the answers to these questions come out one way you have a case. If the asnwers come out another way, you have nothing. For instance, if the business was jointly owed by your father and uncle and our father's will provided that the uncle would inherit the business - then you have nothing. If the buisness was owned by your uncle and your father just worked in the business for a salary, then you have nothing. If the business had more debts than assets, then you likely have nothing. If the business was valuable and your father owned all the stock and he died without a will, then you likely have a significant interest in the business that is worth pursuing.

Posted

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 relationship. This answer is provided on Avvo for general informational purposes only. If you desire legal advice, please consult a lawyer licensed in your jurisdiction and form an attorney/client relationship.

Asker

Posted

Do you even think I have a chance

Adam L Weitzel

Adam L Weitzel

Posted

I would have to see the corporate documents first before I could give you an answer. Those documents will certainly play a large role in clarifying the issue.

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