Q: My husband passed away and had a business. He was the only share holder so the company is mine. Is this correct?
My stepdaughter, who got half of the business was upset because she did not get all of it. He had a tax and payroll. She has the data entry and payroll and I sold the tax part. Neither of us know tax returns. I gave her 20,000.00. I feel like I was taken advantage of. He passed Jan 2, 2020 and I gave her the money Jan 20th. Today is April 10th and I still feel not in a good place because of his recent death. Is there anything I can do to get my money back? Is this duress? What is a breach?
A:
This depends on whether there was a last will and testament (or Trust that owned the business; or business documents that indicated what should happen) or not. If there was an estate plan that addressed the business, then it controls where it goes. If there was not, see below:
ARS 14-2102. Intestate share of surviving spouse
The following part of the intestate estate, as to both separate property and the one-half of community property that belongs to the decedent, passes to the surviving spouse:
1. If there is no surviving issue or if there are surviving issue all of whom are issue of the surviving spouse also, the entire intestate estate.
2. If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate separate property and no interest in the one-half of the community property that belonged to the decedent.
Ultimately, you may want to seek out the help of an experienced probate attorney to assist you.
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