Q: How to find out if a business had a grandfather clause

A: You haven't provided enough information to enable me to answer. It might be best if you understood and used the term "grandfathered" correctly. It is not a term of art in law, but it is often used to mean that some law or regulation came into effect on some date but could not be made retroactive, so people who were doing the now-illegal thing can continue doing it. A prime example might be a zoning rule that allowed the fishery to operate in a place that was subsequently designated as residential. But, without knowing more, we have no idea what your uncle grandfathered. I have heard the term used as an inartful expression of inheritance, but that wouldn't seem to apply here. It is probably best to lay out all the facts and order a title search and review of zoning maps to help a lawyer understand your question.

A: Often when people speak of something being "grandfathered" they mean that something (say a building) complied with whatever regulations existing when it was built/created and so it doesn't need to come up to today's standards/laws. However it is unusual to speak of a person being "grandfathered" into a business.

Generally any business interested "inherited" (that didn't go through a Trust) would have passed through the courts and the probate process. The way to see what transferred out of someone's estate and how would be by going to the Register of Wills and retrieving the estate file for the person who passed. It may also be necessary for a lawyer to look at the business internal documents since sometimes business interests transfer without going through the courts.

While not legal advice or a substitute for sitting down with a lawyer I hope that this general information helps.