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Dissolve Corperation - Probate

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Cindy44

Junior Member
What is the name of your state (only U.S. law)? Missouri

I am getting conflicting advice from 2 different attorneys. The estate attorney want us to keep the corperation but sell all the assets and we do not want to sell the assets yet which would mean taking less than we would get by waiting a few months or even a few years until the property market picks up.

Is it better for tax purposes to dissolve my parents corperation before going through probate. If my sister and I want to keep some of the corperation assets to sell at a later date, can they be transferred to us before going to probate? Will keeping the corperation property increase probate costs for us? What are the advantages, if any, of dissolving the corpertation before probate? This might be a question for a CPA.
 


anteater

Senior Member
You can't sell the corporation's assets unless you are the owners of the corporation. You can't become the owners before probate since that is the purpose of probate - to convey the deceased's property to those designated to inherit the property.

You are asking a lot of questions that would require a good deal of detail about the corporation to answer.

(I will just add that there is no guarantee that waiting "...until the property market picks up" will give you a positive outcome. Nobody can predict if or when the property market will pick up or if you would get a better return on an alternative use of the funds gained from a sale now. And while waiting, you will have carrying costs that may or may not be covered by any future price appreciation.)
 

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