QUESTION
My husband was sole owner of a CPA accountancy corporation and died without a will intestate. I have been given Letters of Administration of the Estat
Asked on Nov 20th, 2019 on Wills and Probate - California
More details to this question:
My only problem is trying to collect receivables not paid by clients for work completed under signed Engagement Letters for work completed prior to his death but not fully paid for in the range of about $200K. The clients attorney's say that the corporation is the only party that can collect on the receivables owed. Can I get an order from the probate court to mandate that they pay those receivables. I cannot afford an attorney, so PLEASE don't say get an attorney. I am doing this In Pro Per. The corporation never took on "person hood" owned no property and no other owners except myself as an unlicensed partner for 30 years to his unexpected death. No children involved. It's my understanding that the corporation and the owner are one and the same. The assets and liabilities are now owned by the estate in probate. I am the party in interest or successor in interest. How do I get authority to collect the receivables? Sharon Clapham sharonclapham76@gmail.com
1 ANSWER
2 Awards
It is unfortunate that your husband never signed a Practice Continuation Agreement, as is common among CPAs.
You presumably have reviewed the corporation's documents and found that they do not provide you with authority.
If the business is a going concern, you may be able to apply to a court for receivership.
With about $200k in accounts receivable, you should be able to find an attorney who will represent you in exchange for payment out of those receivables.
It appears that you are in this fix because a DIY approach left the corporation without adequate corporate documents or a Practice Continuation Agreement. Taking another step DIY seems unlikely to clean up the mess you and your husband made for yourselves.
Answered on Nov 21st, 2019 at 5:09 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.