Can I file a claim against an estate for payment for services provided?

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Can I file a claim against an estate for payment for services provided?

I was the live-in caregiver for an elderly gentleman who passed away last month. During the time I cared for him, his children (who had POA) told me there was no money to pay for live-in care but that when he died, they would compensate me for my services when his house sold. Now that he is gone they have not mentioned any type of financial compensation and informed me that I had to be out of the home on the first of next month. Without payment from them, which I was counting on, moving is not an option for me at this time.

Asked on December 13, 2014 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, you can. What you had was an oral employment contract and they are enforceable in the state of California, but are just a bit harder to prove without written terms.  There is going to have to be a lot of testimony as to the details.  It sounds as if they are filing an estate so I might consult with an attorney about filing as a creditor against the estate proceeding as soon as you can.  If you refuse to leave they will evict you and that is generally a quick proceeding. Good luck.


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