Nonprofit Law/Dissolution


Our church is dissolving soon.  The man who started the church died in 1982.  We had another pastor from 1982 until he retired in 2009.  We chose another pastor in 2009.  We decided to dissolve under this pastor in 2015.  The church did acquire 2 other properties sometime between 1990 and 2000.  My question is, if the deed to the church property is still in the original founder's name, does this mean that his children will inherit the property if none of the members want to deal with how the assets are distributed?

It would be relevant when the church property that is in the founder's name was acquired and whether, at that time, church funds were used at least in part for the purchase or mortgage payments, if there was any mortgage.  If so, then we could file an action in the State court for an order that the founder purchased the property and was holding it in a constructive trust for the church. I have in my profile in my forum at that the free service that I offer is only for questions directly related to IRS exempt purpose issues of 501(c)(3) organizations.

Your issues, of course, are beyond that and I would need to spend a substantial amount of time if you want to discuss this matter further.  If you want to hire me, send me an email directly to my email address below and I will quote you my fees.

Harvey Mechanic
Attorney at Law

P.S. This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.

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Harvey Mechanic


DO NOT GIVE ME INFORMATION THAT YOU WANT KEPT CONFIDENTIAL. I am an attorney and I volunteer time to answer general questions about U.S. Federal income tax issues of nonprofit 501(c)(3) public charities only. Those questions could be about establishing and maintaining legal requirements for such non-profit organizations in the United States, including Internal Revenue service filings and requirements. I will not be working on this free forum to answer questions about Nonprofit's possible unrelated or for-profit businesses or how to fill out forms. This forum is only for general questions about federal tax law, not as the law applies to your specific situation. If you do not make your question public then I will not be spending much of my donated time on answers that would not benefit the public. If you have other questions, please contact me at I will reply from my email. In any case, do not reveal confidential information to me until after I have contracted with you to provide personal legal services. My responses on this forum are intended to be general statements of law, should not be relied upon as legal advice, and do not create an attorney/client relationship. For me to consider your individual situation and how the law applies, I would need to gather extensive information about the situation. To search my previous answers you can do a Google search by "" without the quotes and then add your search terms before hitting enter.


I have been practicing law and especially the law of nonprofit organizations since 1990 when I was admitted to the New York Bar and I have maintained my status with the Bar since that time.


B.S. Columbia University in New York City, 1970

J.D. (Law Degree) Brooklyn Law School, 1990 -- Cum Laude.

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