Katy, TX asked in Business Law and Contracts for Texas

Q: Owner of Media Marketing company died (apparently) & his friend claims to b partner in business & is making demand

Few months back one person being the president of a particular Media Marketing company installed some display TVs at our location for cross marketing visual 30 seconds displays of which we were to get a part of generated revenues. Apparently the owner of the company has disappeared and has been declared 'Dead' by his friend who now is making demands of getting all the displays back.

He has approached a lawyer and we have been served with a notice mentioning that the 'Friend' has an unofficial copy of death certificate.

We have clear intentions of returning the displays but don't want to the original owner to be 'Back from the dead' and demand for all his TVs.

Request advise and guidance

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1 Lawyer Answer
Anton Pal Montano
Anton Pal Montano
  • Bellaire, TX
  • Licensed in Texas

A: Sorry about your situation. You may want to consult with an attorney to discuss all of the facts in your case. Based on the information you provided, it appears that your business contract was with the media marketing business and not with the "dead" partner individually. Thus, a big issue is whether the "friend" has actual authority to act on behalf of the business. It would be good to know more information about the media marketing business and the "friend's" role with the business to determine if the "friend" really is acting on behalf of the business. The communication from the "friend's" lawyer also might have information that is relevant to properly assessing your situation. Even if you are satisfied that the friend is acting on behalf of the business, you might also benefit by having a written release of claims drafted in which the "friend" also signs a statement attesting to his authority to act on behalf of the media company and in which he agrees to indemnify you for any claims made against you by third parties (such as by the original owner) because of your return of the property. Best wishes to you!

Please note that my answers are for general educational purposes only and do not establish an attorney-client relationship. You should contact an attorney for specific legal advice regarding your situation.

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