Can I sue for back pay against mother’s estate? 24 Answers as of February 13, 2013

I am one of five and was caregiver to mom for 8 years.

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DOUGLAS A. TULL, P.C. | Douglas A. Tull
Most likely not, but you should consult with an attorney to get a professional opinion based upon your specific fact situation.
Answer Applies to: Michigan
Replied: 2/13/2013
Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
In order for your claim to be considered by the estate you must submit an endorsed filed copy of the creditor's claim you filed with the court to the personal representative and the attorney. Your claim should provide a detailed account of the time you expended, what services were rendered, your hourly rate and the total amount of your claim. The personal representative either accepts or rejects your claim. In some instances a portion of the claim may be accepted and the balance rejected. If your request is denied, then you can proceed with legal action against the estate. However, if your claim is not filed in a timely manner, it can be rejected solely for failure to comply with the time period to present your claim.
Answer Applies to: California
Replied: 2/12/2013
Lampton Law Firm LLC | Norman Lampton
This site is not a substitute for competent legal counsel.
Answer Applies to: Missouri
Replied: 2/12/2013
O'Keefe Legal Services, L.L.C.
O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
In Maryland, probably. Was there an employment contract or agreement for you to provide care? Had you been paid for any of the work before your mother died? The personal representative may require you to submit evidence to support your claim.
Answer Applies to: Maryland
Replied: 2/11/2013
Stephens Gourley & Bywater | David A. Stephens
Yes, if you have a claim for back pay.
Answer Applies to: Nevada
Replied: 2/11/2013
    Hamblin Law Office | Sally Hamblin
    Were you a caregiver expecting to be paid or as a child helping? Did you live with your mother and not pay rent? Did you receive any benefit? Issues will be looked at. The court would make a determination if you are entitled. Request as a creditor keeping in mind any offsets.
    Answer Applies to: Michigan
    Replied: 2/11/2013
    Durham Jones & Pinegar | Erven Nelson
    Yes. You are probably entitled to compensation.
    Answer Applies to: Nevada
    Replied: 2/11/2013
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    Yes. You can charge for services provided. This become income to you and is taxable. As an heir you will receive your share tax free. Your financial plan is not complete until it is co-ordinated with your estate plan. Will your family be provided for when you are gone? Without a Will, the court will decide.
    Answer Applies to: Georgia
    Replied: 2/11/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    You may file a creditors claim in the Estate, but be prepared to have to show what the terms of the agreement were. You will probably need to litigate the claim, but you must follow the proper channels through probate first to have your claim reviewed by the Personal Representative.
    Answer Applies to: Nevada
    Replied: 2/11/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Quite doubtful, unless there is firm evidence you were to be paid.
    Answer Applies to: Michigan
    Replied: 2/11/2013
    Frederick & Frederick PLC | James P Frederick
    Not unless you had a written caregiver agreement with her.
    Answer Applies to: Michigan
    Replied: 2/11/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    If you are asking for payment for services provided to your mother then you can be a creditor of the estate. Just place a claim against the estate in the courts stating services provided and amount owed. The claim will be forwarded to the personal representative. If there is money in the estate you should be paid from those funds.
    Answer Applies to: Florida
    Replied: 2/11/2013
    You certainly can. These can be long drawn out battles. You will totally destroy your relationship with your 4 siblings though.
    Answer Applies to: Michigan
    Replied: 2/11/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    Claims may be pursued against an estate by following the procedures in the Colorado Probate Code. No claim may be pursued after one year after the date of death. Whether your claim is valid is a different question. That will depend on factors such as whether you were being compensated prior to your Mom's death for services as you describe. For more detailed information, you should consider contacting an attorney who specializes in estate claims.
    Answer Applies to: Colorado
    Replied: 2/11/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    If you had a contract or some sort of agreement to be reimbursed after her death for the care you provided while your mother was alive, then you can submit a claim to the executor of the estate. However, unless you provided more than just general nursing and supportive care, you probably don't have any claim.
    Answer Applies to: Nebraska
    Replied: 2/11/2013
    Norman Reitz | Norman Reitz
    You have a cause of action for services rendered. There is a statute of limitations and there may be an offset for money received.
    Answer Applies to: California
    Replied: 2/11/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Was there an agreement that she pay you? Was it in writing? Did she take out withholding, etc? My guess is probably not, but you should talk with an attorney about the details - you may have a case.
    Answer Applies to: Idaho
    Replied: 2/11/2013
    Scott Polsky
    Scott Polsky | Scott Polsky
    Did you have an employment contract with your mother? If you did, you should receive payment from her estate just like any other creditor. If not, as is the case for most care provided to relatives, it will be presumed that you provided this care for free out of love for your mother. A few more facts would be helpful in determining if a contract was created. I strongly recommend that you speak with an attorney.
    Answer Applies to: Pennsylvania
    Replied: 2/11/2013
    Winnick Ruben Hoffnung Peabody & Mendel, LLC | Daniel N. Hoffnung
    You can make a claim.
    Answer Applies to: Connecticut
    Replied: 2/11/2013
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    Not really, not unless you have something in writing.
    Answer Applies to: Delaware
    Replied: 2/11/2013
    Law Offices of Robert H. Glorch | Jeffrey R. Gottlieb
    Maybe. There are a number of rules and considerations surrounding this issue and it is very fact-specific. You should talk directly to a probate attorney to review the situation.
    Answer Applies to: Illinois
    Replied: 2/11/2013
    Neil J. Lehto, Esq.
    Neil J. Lehto, Esq. | Neil J. Lehto
    In the absence of a caregiver agreement with your mother under which she agreed to pay or otherwise compensate you, it may an uphill battle to convince your brothers and sisters and the probate court that you have such a claim.
    Answer Applies to: Michigan
    Replied: 2/11/2013
    Huddleston Law Group, LPA | C L Huddleston
    No. Unless there was a caregiver contract, which would almost certainly need to be written to be valid, you will not be able to win such a claim. However, if your mother was on Medicaid or there is a claim by the Attorney General for Medicaid reimbursement, it is possible to have the claim waived so that the heirs can inherit her home without a Medicaid lien.
    Answer Applies to: Ohio
    Replied: 2/11/2013
    Law Offices of Terrell Monks
    Law Offices of Terrell Monks | Terrell Monks
    If you had a written contract, I think the answer is probably yes you may sue and have a reasonable chance of enforcing the contract. If you did not have a written contract, and if you lived in the home, your chances of success seem slim. The judges seem to generally expect that people help their parents because they want to help their parents, not because they expect a pay check.
    Answer Applies to: Oklahoma
    Replied: 2/11/2013
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