My brother recently passed away and I have been his caregiver for the last six years. He didn’t drive and I took him to all his doctor appointments and labs. I did all his grocery shopping, picked up his laundry for cleaning, then returned it. I even took out his garbage as needed.
We verbally agreed that he would pay me $25 a week to take care of his needs. But since he received minimal Social Security payments and his savings might be needed to pay for his rent and food, I didn’t receive those funds. He does have a son that wouldn’t look after him and had no contact with him since before I started taking care of him.
My brother passed away with no will, but his son is now the designated next of kin. I had access to all his monies as I had a POA to take care of his finances, but that is null and void now.
My nephew as my brother’s heir would take possession of those funds and I wanted to know if I can bill the estate for the caregiver services rendered for my brother’s care for those six years?
As you were POA you already know if you were ALSO POD on any of those accounts??? If so, those are YOURS and don't belong to the estate. Otherwise you are out in the cold on this one. I am very sorry for your loss of your brother.
There is, however, the element of proof now is nonexistent since your brother has passed. But you can at least try to get your nephew to respect you financially for the care that you provided.
Yes, without a Will the State determines who inherits. If the estate is under a certain cap (my state 20k) then debts are paid and the rest goes to the son. Sorry, but unless the son wants to be gracious you may be out of luck.
I would also look for supporting statements from neighbors or anyone else who could vouch for your time & efforts. Be sure to include your start & ending dates when you provided care & a simple accounting of the total amount due.
I would be sure to reiterate your statement that while the funds were available to compensate you while you were providing care, you chose to leave those monies for your brother’s cost of living. Shows your good character. You may get a ruling in your favor.
Yes, you can bill his estate. You cannot take him to small claims, the person owing the debt is dead.
Put a bill together with a cover letter that states the exact agreement with what you did for your brother.
Be aware though, depending on how much money there is, probate may NOT be required, so you have no recourse.
I can't imagine that your nephew would begrudge you the $7,800.00 you are owed for 6 years of help.
I am sorry for your loss.
2. Oral agreements are the same as written agreements per the law. Does this mean oral agreements are honored? Most often, no.
3. However, do you have any written or recorded evidence that you took care of your brother? You most likely don't have access to the house now so that would be a problem. But you may have possession of other records, for example documents you signed showing work done for your brother that suggests you were continuously taking care of him.
4.Jewel's suggestion to ask neighbors, friends, other family members, and even contractors or others who worked on the house or otherwise provided services. Did you ever have dealings with the landlord? I'm even wondering if you quit a job to care for him and you told your employer about it; that might be helpful. They will most likely have to sign a notarized affidavit.
5. If you want to make a claim against the estate, do it right away. If the nephew has put creditors on notice, you will only have a limited period of time to present your claim. This rule may very from state to state.
6. AlvaDeer is right. As his POA agent, you probably know where he did his banking, investing, and so on. You may be named as a beneficiary.
7. As others have said, consult with an elder care attorney. It may cost some money but a one-time consult shouldn't be prohibitively expensive depending on your finances.
8. I am repeating what others have suggested, so I'm sorry for that, but it occurred to me that it might be helpful to see these good suggestions in one place.
9. Finally, be honest with yourself. Is attempting to get this money worth your while? Is it recognition of what you did for your brother really at the root of this? Or it may be both.
10. I'm sorry for the loss of your brother and for the fix you're in now. You were a blessing to him when he needed it.
And, as always, these are suggestions and not legal advice.
“A ‘lien’ is a notice that attaches to your property, telling the world that a creditor claims you owe it some money.”
I guess it isn't going to hurt anything to file a claim with the probate court -- that is the very purpose of the probate. Can't hurt to try.
Is there enough money left to pay you $25 a week for 6 years? It would be about $8K.