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  1. #1
    Join Date
    May 2019
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    9

    Default What Rights Do I Have to My Decesed Son' Business

    My question involves business law in the state of: Arizona
    My son died suddenly 3 months ago. We were not close. He was principal partner of a two person partnership. The business bills aprox. $2,000,000 annually. I'm next of keen. How do I find if I have a claim to all or part of my son's portion of the business?

  2. #2
    Join Date
    Jul 2018
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    2,745

    Default Re: What Rights Do I Have to My Decesed Son' Business

    Quote Quoting freealfin
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    I'm next of keen.
    I assume you meant to write "next of kin" and that your son was not married and had no living issue (children, grandchildren, etc.). Is your son's other parent still alive?


    Quote Quoting freealfin
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    How do I find if I have a claim to all or part of my son's portion of the business?
    Assuming the business in question is actually a partnership (general or limited), you'll need to review (or have a lawyer do it) the partnership agreement. Have you spoken with the surviving partner about this?

  3. #3
    Join Date
    Sep 2020
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    178

    Default Re: What Rights Do I Have to My Decesed Son' Business

    Has probate been opened for your son's estate?

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: What Rights Do I Have to My Decesed Son' Business

    Quote Quoting freealfin
    View Post
    My question involves business law in the state of: Arizona
    My son died suddenly 3 months ago. We were not close. He was principal partner of a two person partnership. The business bills aprox. $2,000,000 annually. I'm next of keen. How do I find if I have a claim to all or part of my son's portion of the business?
    To answer Zigner's question you'll have to go online and search for your son's name in probate records to see if probate has been opened.

    In Maricopa County use this search page:

    http://www.superiorcourt.maricopa.go...caseSearch.asp

    Outside Maricopa County use this one for all other courts statewide:

    https://apps.supremecourt.az.gov/publicaccess/

  5. #5
    Join Date
    Jul 2018
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    2,745

    Default Re: What Rights Do I Have to My Decesed Son' Business

    Quote Quoting adjusterjack
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    To answer Zigner's question you'll have to go online and search. . . .
    If, in fact, the OP's son wasn't married and had no issue, the OP is probably the only person who might open probate, so he/she probably knows the answer without having to search online.

  6. #6
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: What Rights Do I Have to My Decesed Son' Business

    Quote Quoting pg1067
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    If, in fact, the OP's son wasn't married and had no issue, the OP is probably the only person who might open probate, so he/she probably knows the answer without having to search online.
    But even the OP thinks there may be someone else with a claim because he wrote.

    "How do I find if I have a claim to all or part of my son's portion of the business?"

  7. #7
    Join Date
    Sep 2020
    Posts
    178

    Default Re: What Rights Do I Have to My Decesed Son' Business

    Quote Quoting pg1067
    View Post
    If, in fact, the OP's son wasn't married and had no issue, the OP is probably the only person who might open probate, so he/she probably knows the answer without having to search online.
    True, but it is possible for others to open probate. Possibly the business partner...

  8. #8
    Join Date
    May 2019
    Posts
    9

    Default Re: What Rights Do I Have to My Decesed Son' Business

    Quote Quoting Zigner
    View Post
    True, but it is possible for others to open probate. Possibly the business partner...
    Gentlemen: I'll use Zigner to answer all. Yes, I meant "kin". My son was not married and had no children. There's a surviving sister. His mother died lat year. His partner claims my son left his part to him. I'll check with Maricopa County. Who's OP? Medical Examiner has not yet completed his report. The business is legitimate and deals with auto body repairs (body shop) and has two locations and about 20 employees.

  9. #9
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: What Rights Do I Have to My Decesed Son' Business

    Quote Quoting freealfin
    View Post
    Gentlemen: I'll use Zigner to answer all. Yes, I meant "kin". My son was not married and had no children. There's a surviving sister. His mother died lat year. His partner claims my son left his part to him. I'll check with Maricopa County. Who's OP? Medical Examiner has not yet completed his report. The business is legitimate and deals with auto body repairs (body shop) and has two locations and about 20 employees.
    Then there should be a will that needs to be probated.

    The OP is you. Original Poster.

  10. #10
    Join Date
    Sep 2020
    Posts
    178

    Default Re: What Rights Do I Have to My Decesed Son' Business

    Quote Quoting PayrolGuy
    View Post
    Then there should be a will that needs to be probated.
    It's also possible that the business was structured in such a way that the transfer was automatic.

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