Chicago, IL asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Probate for Ohio

Q: I lived with my fiancé for 17 years. We ran a business together out of the house for the last 11 years. She died.

She left the house to her sister. I knew that. However, they took the business name and accounts and took control of the business PO Box and all incoming checks and entered them into probate in Greene Co. Ohio. I subsequently had to file all necessary paperwork and obtain a new federal EIM and new licenses and completely register a new business with the attorney general in order to keep our business alive. Shortly there after, the COVID-19 restrictions bound my hands and suffocated the new business as well. This is after I spent $30,000 saving our business, which was One of her last requests. On top of that, when I went to the hospital to say my final goodbyes to her, her brothers entered the house and almost completely emptied it out of all of our belongings that we had in the house together. I understand that I had little rights to the house because Ohio is not a common law state but the contents should’ve been mutual property they shouldn’t have been able to take it. Out of space

2 Lawyer Answers
Joseph Jaap
Joseph Jaap
Answered
  • Estate Planning Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: If there is an operating agreement or partnership agreement for the company, you could make a claim for your share of the ownership. If any of your personal property was removed from the house, you could make a claim for return of that. Use the Find a Lawyer tab to retain a local attorney to review all the facts and advise you.

Bruce Martin Broyles agrees with this answer

Bruce Martin Broyles
Bruce Martin Broyles
Answered
  • Lancaster, OH
  • Licensed in Ohio

A: If there was no agreement between the two of you, then you formed a partnership. In Ohio a partnership is formed based upon an agreement to share expenses, liabilities and profits. All of the business items should be returned to you as the remaining partner. All of your personal property should be returned to you individually. You should file claims in the probate court.

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