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Richard
Richard, Attorney
Category: Business Law
Satisfied Customers: 46208
Experience:  32 years of experience practicing law and a businessman.
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I am a 10.68 % owner of a real estate business. The business

Resolved Question:

I am a 10.68 % owner of a real estate business. The business was started by my
father years ago. My sister married a man who slandered me while I was away from
the family working, and earning my Master's Degree. This brother in law claims he
hurt my sister, and now she is deceased, she died of cancer. His daughter will not see
him, because he is an alcoholic and hurt her mother. He asked me to help him once
and it was a trap, I took care of my sister's children when she died of cancer, and
took them to the theatre and dinner and bought a few cheap gifts to lift their spirits,
he the brother in law told my father lies about me spending too much money, slandered
me everywhere, and took over my money from the family business. He forged my
signature on a mortgage and he frightens me, and thinks he is a big socialite that
won my father over years ago and kept trying to steal from me. I do not want to
continue being affiliated with him and I can't control my 10.68 percent. I never
receive any annual reports from the business, he had it listed on the internet that
he bought the business from my father, but I don't think he really did, he is a liar,
and guilty of extortion and slander and has been put in a hospital for drinking.
If I can prove that he forged my signature on a mortgage, and really did not buy
the business with his money but just claims he did, isn't it illegal to buy a business
that is my a great part of my yearly income and not send a letter telling me about
his ownership, and i do not receive any reports from the company and I can't see him
for he claims that his daughter says he murdered my sister and he sounds angry,
he has verbally abused me for years, but I did not know he was capable of such
slander. What kind of proof can i offer a judge that this management is truly extortion
from a man who married my sister for money and got close to my father and convinced
him to take over a business that was originally promised to the family. I can't prove
that but I do believe they recently forged my signature for a mortgage and i don't
get any annual reports.
Submitted: 3 years ago.
Category: Business Law
Expert:  Richard replied 3 years ago.

Good evening. As a minority member, you are entitled to all the books and records regarding finances and ownership and operations of the business. If you make a demand for all this information and materials, and it is refused you, you can then file a petition asking the court to compel its production. Any violation of this court order will cause him to be in contempt of court and subject to civil and criminal sanctions.

 

Once you have all the documentation, you can then have a handwriting expert and forensic accountant examine everything. Those examinations will give you the basis for your actions....civil and possibly criminal.

 

In addition, if he has been slandering you, you may have a defamation claim. To prevail in a suit for libel or slander and recover damages, you must prove 4 things: (i) the defendant conveyed a defamatory message they knew or should have known to be false; (ii) the material was published (i.e., conveyed to someone other than you); (iii) you can be identified as the the person referred to in the defamatory material; and (iv) you suffered an injury to your reputation as a result of the communication.

 

 

I hope this has given you the guidance you were seeking. I wish you the best of luck!

 

If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

 

If I have adequately answered your question, even though the answer might not have been the one for which you hoped, I would appreciate it if you would please click the GREEN ACCEPT button so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit.

If you need additional clarification on this question after clicking ACCEPT, please do not hesitate to click Reply and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you.

 

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

 

Richard, Attorney
Category: Business Law
Satisfied Customers: 46208
Experience: 32 years of experience practicing law and a businessman.
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