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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19630
Experience:  B.A.; M.B.A.; J.D.
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Jesse and my brother?partner died and has a will Assistant:

Customer Question

Jesse and my brother?partner died and has a will
Assistant: Thanks. Can you give me any more details about your issue?
Customer: My partner died and his wife is trying to assume control and she is not on the llc as a memeber or manager
Submitted: 9 months ago.
Category: Legal
Expert:  Phillips Esq. replied 9 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 9 months ago.

My deepest sympathies for you loss. However, I do not understand your post. Kindly review, edit, properly identify the parties and your issues, ask specific question(s), and resubmit.

Thank you for your cooperation,

Customer: replied 9 months ago.
ok. My brother and I were business partners of 2 businesses, LLC's He passed away and in his will left his share to his wife. He had 51% and I have 49%. My understanding is that I can not be forced to have another partner. In the LLC it states that she can use his power to settle the estate, but she has taken control of our businesses and pushed me out. My brother and I had a very active roll everyday. She had none. Except to write checks and work in one of our centers. (daycares)
Expert:  Phillips Esq. replied 9 months ago.

Thank you for the information.

Unfortunately, your understanding is not correct. If your brother left his interest in the LLC to his wife, his wife would legally assume his share of the LLC. However, his wife cannot push you out since you have 49% of the LLC.

You can file lawsuit against his wife to assert your rights in the LLC.

Best wishes,

Customer: replied 9 months ago.
But only as an economic interest owner. and partnership only if the other officers agree? And since I am the only active member and manager, she shouldn't be able to automatically just take over?
Expert:  Phillips Esq. replied 9 months ago.

But your set up is not a partnership. It is an LLC. So, my initial response stands.