Q: Questions about an LLC i was put on and have Probate questions as I am a child of deceased..what rights do I have
Mom formed an LLC with her 3 children as owners i guess it was. One daughter was removed off of her per her own request. That left a brother and myself on it. My mother and I fell out and didnt speak for 3 years. At the time there was approx $90000.00 in an account. Mom did this because she had health issues and didnt want money taken away. Mom has since passed away...6 mos ago. We did make amends but never discussed the monies because she was dying of leukemia. Brother will not tell me anything and i need to know what to do and where money is. Also he has not put anything into Probate yet. Not sure if there was a will or not. Again he will not tell us anything about this! What do I need to do
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A:
There is nothing to prevent you from opening a probate and petitioning the court to appoint you as the administrator of your mother's estate. Once you are appointed you will have the authority and obligation to gather all of her assets and then distribute them either according to the terms of her will or, if she had no will, according to the laws of intestate succession.
Regarding the LLC, a place to start would be to look up the LLC on the South Carolina Secretary of State's website and obtain copies of all of the filings.
I recommend that you hire an attorney to help you with this. Usually the attorney's fees are paid out of the estate.
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