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Was there a will or a trust? That will be an important thing to have. The question suggests that your husband died intestate (without a will). In any event, it seems you need to contact an attorney.

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It depends on how the title to the business and business property is held, whether the business is incorporated, who owns shares and how many, etc. If it is a partnership, your husband's interest may pass to the surviving partners. On the other hand, there may not exist any proof of his having had a legal "share" in the business if it is a long standing family business. Business interests may not exist as property that can be distributed by a will or by intestate succession laws. Another problem with family businesses is that the bookkeeping is often casual, with scant hard copy records. You need to consult with an attorney who specializes in probate and business law who can ascertain the status of the business and explain your rights and options, if any.

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Q: My husband died recently and my brother-in-law will not give me my husbands one third share of the family restaurant business. What do I need to do?
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