This question was closed without grading. Reason: Answer found elsewhere
Dec 19, 2010 11:07
13 yrs ago
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English term

estate

English Law/Patents Law (general) 2005 Missouri Code - § 347.123. — Cessation of membership, events of withdrawal
I wonder if you could help me solve the following problem. I am not sure if the legal term "estate" as used in the 2005 Missouri Code - § 347.123. — Cessation of membership, events of withdrawal http://law.justia.com/missouri/codes/2005/t23/3470000123.htm...

(10) In the case of a member that is an estate, the distribution by the fiduciary of the estate's entire interest in the limited liability company;

is used to mean

(a) someone inheriting the aggregate of property or liabilities of all kinds that a person leaves for disposal at his death)
or
(b) more generally, as [the owner of] the property or a piece or aggregation of property in lands or tenements and sometimes personalty,

Or maybe it is used to mean something more general or completely different? What would you propose?

Discussion

adamgajlewicz (asker) Dec 19, 2010:
I realize that the presence of a fiduciary of the estate indicates we have to do with inheritence. However, in this case I need to have reasonable certainty.
adamgajlewicz (asker) Dec 19, 2010:
(8) In the case of a member that is a general or limited partnership, the dissolution and commencement of winding up of the partnership or a distribution of its entire interest in the limited liability company;
(9) In the case of a member that is a corporation, the filing of articles of dissolution, or their equivalent, for the corporation or revocation of its charter or a distribution of its entire interest in the limited liability company;
(10) In the case of a member that is an estate, the distribution by the fiduciary of the estate's entire interest in the limited liability company; or
(11) In the case of a member that is a limited liability company, the filing of articles of dissolution or termination, or their equivalent, for the limited liability company or a distribution of its entire interest in the limited liability company.
adamgajlewicz (asker) Dec 19, 2010:
(5) Unless otherwise provided in the operating agreement or by the specific written consent of all members at the time, one hundred twenty days after the commencement of any proceeding against the member seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any statute, law or regulation, the proceeding has not been dismissed, or if within ninety days after the appointment without his consent or acquiescence of a trustee, receiver or liquidator of the member or of all or any substantial part of his property, the appointment is not vacated or stayed, or within ninety days after the expiration of any such stay, the appointment is not vacated;
(6) In the case of a member who is a natural person:
(a) His death; or
(b) The entry by a court of competent jurisdiction adjudicating him incompetent to manage his person or his estate;
(7) In the case of a member that is a trust, the termination of the trust or a distribution of its entire interest in the limited liability company but not merely the substitution of a new trustee;
B D Finch Dec 19, 2010:
Reference? Perhaps you could copy out the relevant source, as your link doesn't give anything useful.
adamgajlewicz (asker) Dec 19, 2010:
Could you please show me some reliable reference or evidence for your intrepretation? I would be glad to see some authoritative source or convincing argument...

Responses

6 mins

as [the owner of] the property or a piece or aggregation of property in lands or tenements and somet

as [the owner of] the property or a piece or aggregation of property in lands or tenements and sometimes personalty
Something went wrong...
1 hr

a dead person's undistributed estate

I believe that this refers to a situation where the deceased person's estate has not yet been wound up and is still being administered by a fiduciary or executor.
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