QUESTION
Can they sue me? What can I do?
Asked on Dec 17th, 2020 on Estate Planning - North Carolina
More details to this question:
My mother passed away in November. She owned an antique business where she rented space to dealers. After getting over the initial shock and through the funeral I decided to close moms business. Her bank accounts are locked until the estate goes through probate so I can not pay the dealers the money they are owed. I have been receiving phonecalls and texts threatening legal action because I haven't paid the dealers. What can I do? Have I done something wrong? Can they do anything to me?
1 ANSWER
2 Awards
If you had authority to close the business under the business's operating agreement, the success of any suit for damages based on your closing it depends on the language of the lease. If a suit is successful, the business, not you, should pay.
If you did not have authority to close the business under the business's operating agreement, you should get it once the court admits your mother's estate to probate and appoints you administrator.
Hire a probate lawyer who practices in the county in which your mother lived and died to apply to be appointed and advise you on whether and when any claim should be paid.
Answered on Dec 18th, 2020 at 6:16 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.