When Does Corporate Law and Probate Law Collide in Florida?

Florida probate lawyers know that many estate also involve membership interests in LLCs or stock in corporations. How does the Florida probate court handle this property? Can the companies still do business while probate is pending? Check out this recent case out of the Third District Court of Appeal to learn more.

Partnerships, LLCs and Corporations

• What do these business entities have to do with Florida probate litigation?
• Although these entities will never be probated, they are owned by humans.
• Eventually those human’s estates may be in Florida probate court, and the assets including stock and membership will be relevant.
• Membership is synonymous with ownership in an LLC.
• Do you know the difference between an LLC and a Corporation in Florida?
• How does the difference in business entity effect your actions in Florida probate court?
• Florida estate lawyers know that once businesses get into the mix things can get complicated.
• Does the personal representative take over the business?
• Can the personal representative sell the business without the Court’s intervention?
• These are things you need to discuss with a Florida estate attorney while making an estate plan.
• Failure to do that could lead to estate litigation in Florida.
• In fact business entities are regularly involved in all sorts of litigation in Florida that has nothing to do with the business itself.
• Want to see more?
• Check out this recent appeal from the Third District Court of Appeal.

CJM Partners, LLC v. Di Giacomo

• This looks like a regular case name, but guess what this appeal centers around a divorce proceeding.
• How is a company involved in a divorce?
• When parties to a lawsuit are involved in corporate activities, those parties may be able to ask the Court for relief based on the company actions.
• What does this mean for a Florida probate lawyer?
• The Florida estate may be able to enjoin, sell or encumber the company in certain instances.
• But when?

To learn more, check out the entire case.

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