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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 42242
Experience:  30 years in civil, probate, real estate, elder law
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My brother passed but had an LLC. Can my mother take it

Customer Question

My brother passed but had an LLC. Can my mother take it over? He never did anything with it as he passes soon after starting the process.
JA: Can you tell me what state the LLC is registered in?
Customer: North Carolina
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Umm... she is looking to start one and t thought about his instead of getting a new ein#
Submitted: 4 months ago.
Category: Legal
Expert:  Ray replied 4 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 4 months ago.

She would need to make application for probate and be appointed personal representative of the estate.If he has assets here this is another one, house, car, LLC and the heirs inherit it here in probate.If she is sole heir she can do with it what she pleases otherwise it gets closed out here as part of probate if no assets in it.

Honestly if there is no other reason to file for probate, he had no assets she is better off starting a new one and letting this one die.If opening probate anyway then by all means she can be appointed PR for the estate and deal with it as PR here in North Carolina probate.

I appreciate the chance to help you today.Thanks again.

If you can positive rate 5 stars it is much appreciated.