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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 1611
Experience:  Run my own successful business/contract law practice.
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my husband died and left no will. What he did leave was a

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my husband died and left no will. What he did leave was a business in a corporation with our summer house in the business name. He has no other assets. What can I do to take over the corporation and sell the home and take care of the taxes.
Submitted: 8 years ago.
Category: Business Law
Expert:  Nancy Delain replied 8 years ago.
Thank you for contacting Just Answer. I look forward to assisting you.

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I am so sorry to hear of your husband's death, especially since he left no will. This just makes things harder for his survivors, especially you.

I need to know a little bit about this situation before I can answer your question with any degree of reasonableness. First, I note that you have located the corporation's paperwork (good first step, that). Please take a look at that paperwork and tell me two things:

1. Is this an S-corporation or a C-corporation (if it is an S-corporation, IRS form 2553 should be included in the paperwork)?

2. Is there a partner out there somewhere, or was your husband the sole owner of the corporation? The record of shares issued will tell you this. Don't assume that you know; please look at the record of shares issued and respond from there.

3. Obviously, you're on the list of people who would have been named as heirs in his will. Is there anyone else who would reasonably stand to inherit from your husband (his children, his siblings, his parents, ...)

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