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LLC Company Using Deceased Husband Contract License California

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  • LLC Company Using Deceased Husband Contract License California

    My husband just died Jan 15, 2018, but 4 years ago, He LLC'd his contracting company. The contracting License is in his name, therefore the LLC company is operating under that license. He has actually given most control to his eldest son, (my Step-Son) but the son (as far as I know) don't have a contracting license. My husband and I talked about him selling his License to the LLC or to the son, not sure which, but his son talked him out of that.

    Anyway, my husband as mentioned above, just recently died, but in May of 2016 he put the house he bought before we were married in a Family Trust, (I didn't find out until a year later), but he could have put the newly formed General Contracting Co now LLC, and incorporated it into the family trust as well. If that is the case, would the LLC company be allowed to operate under my husband, who is now deceased, contracting license? Or would my step-son need to take the test or find someone else with a contracting license to keep the LLC company running?

  • #2
    Greta, I can't tell give you a firm answer since I don't practice in California. However I looked at the website of the California State Contractors License Board. According to that website, the license is cancelled on the death of the license holder.

    However, if the licensee dies, a member of his or her immediate family may apply for a continuance of the license. The submission should be no later than 90 days from the date of the death or disassociation. The Registrar may grant a continuance of up to one year.

    If a continuance is granted, you may continue normal business operations and enter into new contracts during the period for which the continuance is granted.

    Submit the License Continuance Request (PDF) to:
    CSLB Headquarters
    Contractors State License Board
    P.O. Box 26000
    Sacramento, CA 95826-0026

    I hope this helps.
    David K. Staub (www.illinoisbusinessattorney.com)
    Forum posts are not legal advice, are for informational and educational purposes only, and are not a substitute for proper consultation with legal counsel.

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    • #3
      Thank you so much. Yes this does helps, my Step-son my already know this, yet sometimes business matters are explained clearly by him.
      If my husband had sold his Contracting license as we discussed, then perhaps, all what I explained above would not matter, or would it? Would my step-son have been able to continue with our LLC if my husband had sold him his Contracting License? Or as you mentioned, once the one holding the Contracting license dies, then that licenses dies with him?

      Just a side question is all.

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      • #4
        Originally posted by Greta2 View Post
        Thank you so much. Yes this does helps, my Step-son my already know this, yet sometimes business matters are explained clearly by him.
        If my husband had sold his Contracting license as we discussed, then perhaps, all what I explained above would not matter, or would it? Would my step-son have been able to continue with our LLC if my husband had sold him his Contracting License? Or as you mentioned, once the one holding the Contracting license dies, then that licenses dies with him?

        Just a side question is all.
        Actually, it looks like keeping the license in your late husband's name may have been a smart move since the website appears to say that a continuation is not available to an LLC or a corporation. In any event, those are not the facts you have to deal with now.
        David K. Staub (www.illinoisbusinessattorney.com)
        Forum posts are not legal advice, are for informational and educational purposes only, and are not a substitute for proper consultation with legal counsel.

        Comment

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