Do I have Any Recourse Here

[Cokey]

My Husband was in a joint venture mail order business operated from our house. Upon his death 8 months ago, the partner took the inventory and continued operating from his house. The problem is he is unwilling to buy new stationary thus my husbands name and my address and phone number still appear in the magazine ads, catalogs, invoices, etc. The result is I continue to receive phone calls day and night asking for my dead husband and also receive much of the mail. I have tried to convince the partner to break down and correct this but his attention is to purchasing, and shipping. After 8 months I find it inexcusible to have to be constantly telling people my husband has passed away. I do not need this constant reminder. He was only 50 years old! Do I have any legal ground to force this person to stop using my address and phone number in his advertising and stationary? Cokey

 

[Tracey]

Yes. A p'ship is automatically dissolved upon the death of 1 partner. By leaving your husband's name on the stationary, the guy could be sued for fraud by his customers. Also, you can sue him for intentional/negligent infliction of emotional distress for subjecting you to months of calls for your late husband. Alternatively, you can sue him for 1/2 the business profits generated after H's death, on the theory that he's using H's name, so H's estate should get compensation for that. You also are entitled to 1/2 the profits accrued up to the date of H's death. P should have presented you with a full accounting by now & a check for H's share. Get a p'ship attorney & demand some money.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected]