Business 'taken over' after death - any laws broken?

[Rrr100]

Jurisdiction

Michigan

Not sure if this is the right place to ask this....but here goes. My brother-in-law just passed away. Single (divorced) with 2 kids in their 20s. He ran a small printing services business (as a sole proprietorship), approx $60k/yr income, no employees. No will, so everything's now in probate. The question is about the business he leaves. He built up his client list over the years, and that's about all that's left of the business. His girlfriend found his client list after his death and decided to continue to run the business herself, but under a different name. Since the rest of his estate is of little value (sub $30k), I'd like to see his kids get some $$ from this girlfriend for "taking over his business for free" (basically profiting from his death). Has this girlfriend broken any laws? Is there any legal way to force the girlfriend to pay the kids something for his client list? Is the remains of his business (the client list) part of the probate process? I want nothing more than to help the kids, since they have very little.
Thanks

 

[adjusterjack]

Has this girlfriend broken any laws?

Of course. She stole property of the estate and is using it for her own gain.

Is there any legal way to force the girlfriend to pay the kids something for his client list? Is the remains of his business (the client list) part of the probate process?

Yes to both those questions but the person that has to take care of that is the Representative of the Estate who stepped up and got appointed by the court after your BIL died. He or she is the one who will have to hire an attorney on behalf of the estate to go after the girlfriend for the return of the estate's property and compensation to the estate based on any money she made after the theft.

If you are not the Rep of the Estate then you have no standing to do anything about this except relay the above comment to the Rep and then it's up to him/her to handle it.

 

[Rrr100]

Thank you for the quick reply. I'll talk with the estate rep.

 

[Rrr100]

One more question. Is this theft (of the client list) considered as a civil or criminal case? Thanks again.

 

[army judge]

One more question. Is this theft (of the client list) considered as a civil or criminal case? Thanks again.

I suspect when she tells her story, it'll go something like this, "He gave me his liner list and asked me to keep the business going, to make his customers happy.

The fat man, or the fat lady, or the fat trans-gender isn't singing yet, mate.

 

[Rrr100]

I suspect when she tells her story, it'll go something like this, "He gave me his liner list and asked me to keep the business going, to make his customers happy.

Yep, this exactly what she said! "I'm doing this to keep his customers happy". Sounds like you've been there before. Thanks for the comment.

If she does use any of the clients on his client list, how can I tell? Other than asking the clients if they are doing business with the GF, is there a way for me to find out? Do we need to hire a private investigator? Or???
Thanks

 

[army judge]

Yep, this exactly what she said! "I'm doing this to keep his customers happy". Sounds like you've been there before. Thanks for the comment.

Yes, mate, I've heard that a time or two.
Its generally a lie, because these deadbeat scammers are pretty darn quick on their feet to make a living off of your back.

If she does use any of the clients on his client list, how can I tell? Other than asking the clients if they are doing business with the GF, is there a way for me to find out? Do we need to hire a private investigator? Or???
Thanks

That will be the problem, mate, proving she pilfered the list, looted the clients.
Next thing you'll hear, whenever death is involved, his clients felt bad for me as a widow, and just wanted to help out, but they also knew I do great work and charge fair prices.

Usually you get one of the client's to help you get the truth, or a PI might get the goods, but be careful because some PIs are cooks, too.