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Thomas McJD
Thomas McJD, Attorney
Category: Business Law
Satisfied Customers: 6516
Experience:  Experienced in Corps, LLCs, Partnership, etc.
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Hi, my brother is a Canadian citizen and owned a LLC business

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Hi, my brother is a Canadian citizen and owned a LLC business in Florida, he was the only officer, there is also an attorney who serve has the registerd agent. My brother past away and I inherited his business. I have the will and a death certificate.
What should I do, step by step to change the title of the LLC, (can I do it myself) so it wil be under my name.
I am also a Canadian citizen, and live in Canada but could fly anytime to Florida. I did talk to the registerd agent, but he dosen't seems to know what to do, and don't seem to want to do anything either. (I believe, my brother hired him only to registerd the LLC)

Thank you
Mike

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

I'm sorry to hear of the situation you had with your prior Florida attorney. Unfortunately, you will need to retain another attorney to assist you with the work necessary to transfer title. Let me explain what is needed to transfer title:

TMcJD :

To transfer title of assets to the beneficiary named in a will, it is necessary to probate the will in court.

TMcJD :

The will is filed along with a petition requesting probate, appointment of an estate representative, determination of heirs, etc.

TMcJD :

It is a somewhat drawn out process that can take some time, but summary proceedings are also available in some cases depending on the value of the estate.

TMcJD :

The process is a little drawn out because various papers have to get filed with the court, hearings have to be held, the court has to enter orders, notices have to be given to heirs, creditors and other interested parties, etc.

TMcJD :

But probate is what is required. You have to have an attorney assist you with this in Florida because in Florida the courts will not allow a non-attorney to represent an estate by filing probate paperwork.

TMcJD :

That's probably not a big deal in your case since you're in Canada anyway. You shouldn't have to travel to Florida in any capacity. You can just receive things in the mail, sign them, and send them back to your florida attorney.

TMcJD :

You will need an attorney that practices in the estate and/or probate areas.

TMcJD :

www.findlaw.com and www.martindale.com are both very good resources for locating attorneys in specific practice areas that are located in specific geographic regions. I use martindale all the time myself.

TMcJD :

At the conclusion of the probate, the court will issue an order distributing the estate. That document will itself serve to transfer the LLC membership interest to you.

TMcJD :

Please let me know if you need clarification or additional information. Thanks.

TMcJD :

Did you need additional assistance?

Customer:

No thanks, XXXXX XXXXX try to find another lawyer, won't be very difficult to find one better than the one I had before. Thanks for your assistance, I already knew most of the process, I only thought, I coud do it myself and that my lawyer was happy to bypass me.

TMcJD :

Okay, well let me know if I can help with anything in the future. I would be grateful if you could please leave me a positive rating for my time assisting you. Thanks and have a great day!

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