Tuesday, June 30, 2020

Oh What a Tangled Web We Weave When First We Practice To Deceive


Oh What a Tangled Web We Weave When First We Practice To Deceive



Franklin McRoberts, writing on Peter Mahler’s blog New York Business Divorce, has recently discussed a most interesting case of a man, now deceased, leading a double life. The title of the blog posting is How to Resolve Competing Estate Plans of an LLC Owner with a Double Life; HERE IS ALINK TO IT.



            Essentially, the decedent was originally a 50% member in an LLC. Over time he gifted certain interests in the LLC to his daughter; presumably she was admitted as a substitute member.  The operating agreement provided that upon his death the balance of his interests in the LLC would go to his daughter (a transfer upon death).  So far, so good.



            Not so fast.  After his death it came to be discovered that his will provided that his  remaining interests in the LLC would go not to his daughter, but rather to a life estate for his mistress with the remainder interest to his OTHER daughter by said mistress.  The dispute will turn on whether the operating agreement and its transfer on death provision to the first daughter or the subsequent will and the bequest to the second daughter will control. 


            If the second daughter prevails, I wonder what will be her treatment: member or assignee?

No comments:

Post a Comment