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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111548
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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A family business opened 1967. My father owned 50%, my

Customer Question

A family business opened 1967. My father owned 50%, my mother 1%, my ex husband 49%. When my parents died the 51% went to me. I have the original corp. papers signed, and the will leaving it to me. My ex husband has closed this business without my knowledge, and has his own in another city, which I found on line to be worth $500,000 to 1 million dollars. I have macular degeneration and unable to work as a nurse as I have last 38 yrs. I thought I could go into family business to earn my money. I now live on $1200.00 a month, and when the $46,000 left in my IRA (I lost 1/3 in 2008 that I can never make back). After that IRA is gone I will be on food stamps, and live in section 8 housing.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: I am sorry, The shop, M & T Pawn shop was in Rocky Mount, N.C.
JA: Has anything been filed or reported?
Customer: I still call info and get phone number, but it isn't working. To my knowledge, nothing has been filed or reported. How do I get this information. This is a very untrustworthy man...he slighted IRS for yrs, and I left this abusive relationship still scared of him..I have NO money to fight for my rights to this family business
JA: Anything else you want the lawyer to know before I connect you?
Customer: what can I do to claim my business, or at least the merchandise that he took from my business to put in his...I have NO idea when this happened. I sent him a text asking him. No answer from him. I am in the middle of filing personal bankruptcy and am afraid if he filed bankruptcy to close M&T that I, being 51% owner will be responsible for this as well
Submitted: 1 month ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you were 51% owner he had no legal right to close the business without your consent and without you signing agreeing to do so. If he did this, you will need a local attorney to file suit against him for breach of fiduciary duty for improperly shutting down the business when he did not have the legal authority to do so.
It will require a local attorney to represent you and you will have to sue him and you will have to negotiate with the attorney who represents you to get them to agree to take a share of the money they win for you or even a share of the business they are able to obtain for you.
You can also contact the NC bar and ask them for the pro bono attorneys in the area who could assist you on this if you cannot find a local attorney willing to negotiate to handle this on a contingency basis.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 1 month ago.
Thank u so much.for.all your help. I have a scarey journey ahead.but at least i know where to start
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.