Who is the immediate representative for person who had no will?

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Who is the immediate representative for person who had no will?

A person died and had no will and was sole owner of his corporation. Before
the court awards a personal representative, is someone an automatic
representative of his corporation and estate? The deceased and his business
is in Montana.

Asked on February 1, 2017 under Estate Planning, Montana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If there was  a manager of the corporation, such person would, as the 2nd in command after the owner, have authority over the corporation. A corporation continues after the death of owners or upper management, so long as there is *someone* employed by it, in a position to take over and exercise authority.But if there were no employees and no heirarchy, then there is no one who can act for or on behalf of the corporation, or make decisions for it, until a personal representative is appointed for the estate.


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