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TexLaw, Attorney
Category: Business Law
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Experience:  Internationational Commercial Attorney
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Can the non-physican wife of her deceased physician husband,

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Can the non-physican wife of her deceased physician husband, continue to own, operate and keep the profits of her deceased physician husband's medical practice? They have been on the lease together for over 30 years. She used to work in the medical practice and knows how to run it, including hiring medical staff.

Thank you for your question.

In California, as in most other states in the US, it is illegal for a non-physician to own and operate a medical practice. One must be licensed to own and operate the practice.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

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Customer: replied 4 years ago.

Do you mean to say, that one must be a licensed M.D. to own and operate the practice? How would the wife be able to continue to receive the profits of the practice?

The only way that it could happen is if prior to death, the physician sold his practice to another physician and reserved an interest in the income going forward as payment for the practice.
Customer: replied 4 years ago.

Has that ever been done?

I do not know.

I feel like this is getting more into an Estate Law type situation. As such, I think you would be best served by one of our attorneys that specializes in that area of the law.

I'm going to opt out and allow one of them to pick up from here and assist you further.

Good Luck,