How can I get a copy of an agreement from my late husband’s business partners?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How can I get a copy of an agreement from my late husband’s business partners?

My husband passed away over 2 months ago and for the past few years has partnered in a business with a couple of other individuals. An agreement has been drawn up with an attorney, although after his passing I cannot find it. I’ve tried reaching out to his partners but have not received a response. I want to know what the contract states but don’t know where or how to get the agreement or who the lawyer is. What can I do to get a copy of the agreement and what is

legal my right in this?

Asked on September 7, 2017 under Business Law, New Mexico


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Before we answer your question, please accept our sympathy for your loss.
If you are the executor or administrator/personal representative of your husband's estate, as you likely are, you have the legal right to the contract: your position entitles you to anything affecting monies which may be due either from or to him.
Procedurally, however, the law does not let you demand, in a legally enforceable way that is, materials from others except in the course or context of a lawsuit; it is the filing of a lawsuit which gives the courts jurisdiction, or power, over a situation and the ability to order that something be done (like documentation turned over). Therefore, if they will not voluntarily turn over the contract, you'd have to file a lawsuit (on behalf of the estate; as executor, etc.) vs. the partners or the business (if it was an LLC or corporation) based on some reasonable allegation (e.g. a claim that you believe your husband was owed some payment from the business) and, in the course of that lawsuit, use the legal mechanism of "discovery" (e.g. document production requests) to get the contract.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption