Q: I inherited a corporation that has invested large amounts of money in a property which is now for sale by the estate.
as 100% owner of the corporation now can i file an unjust enrichment claim to recoup some of the investment on behalf of the corporation? I tried to purchase this property however i am the executor and my family will not approve of the sale even though I offered over fair market value for it. I also ran a sole proprietorship out of the same property and have money invested in the property. I paid rent to my parents who owned the property as well as the corporation that is now mine. I need advice how to proceed. Do I have any legal basis to recoup investments made by me or the corporation? Does this provide any leverage against my family refusing to agree to sell the property to me. I am being very careful to fulfill my fiduciary duties while also trying to be certain I am not giving away what would be rightfully mine if the the property is sold to a third party. which I do not want to happen.
A: You have presented a complicated situation that is not suited to being addressed in this forum. Your questions and concerns would be better addressed by retaining competent legal representation.
A: You could bring a claim. The issue is how the "investments" were documented, and how you would prove they are a loan instead of something else.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
