[Mortuary Blues] Jack and Bianca had a partnership running a mortuary. Bianca died, and after her death, Jack decided to shut down the mortuary. Jack incurred some expenses in closing the business affairs of the mortuary. He sought compensation for those expenses but Gus, the executor of Bianca's estate, objected. Gus also claimed that Jack had no rights in Bianca's share of the partnership property and that Gus, the executor, had the right to confiscate her share of the property and sell it at auction. Jack, however, took the position that all interests of Bianca passed to Jack and that Jack owed her estate nothing. The articles of partnership did not address death.
-Is Jack entitled to compensation for closing down the mortuary?
A) No, he is not entitled to any compensation unless the articles of partnership specifically gave him that right.
B) No, he is not entitled to any compensation, unless credible proof exists that Bianca acknowledged prior to her death that expenses in eventually closing down the business should be compensated.
C) Yes, he is entitled to compensation for the work, but only if he can establish that all outstanding debts of the mortuary have been paid.
D) Yes, he is entitled to compensation for the work, but only if the executor agreed that it needed to be done.
E) Yes, he is entitled to compensation for the work.

Question

Quizplus · Accepted Answer

Jack is entitled to compensation for the work involved in closing down the mortuary because, in the absence of specific provisions in the partnership agreement regarding death, the surviving partner who incurs expenses in winding up the partnership affairs is typically entitled to compensation for those efforts. This is based on the principle that the surviving partner is acting in the interest of settling the partnership's obligations and ensuring that its affairs are concluded properly.

[Mortuary Blues] Jack and Bianca Had a Partnership Running a Mortuary