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UCLADANCE1 Asked June 2019

If I had no contract, was a caregiver for 2 years at 120 a day 4 days a,week for 24 hour care, can I ask for back pay?

 He passed away recently.

Isthisrealyreal Jun 2019
That's great news that the attorney believes you have a strong case.

I would also inquire about how much interest you can legally get. If his sister drags it out for months and you have to use an attorney to get your pay you are allowed a certain percentage of interest for outstanding balance.

Best luck getting this resolved quickly.

MargaretMcKen Jun 2019
When you contact the estate, it’s worth remembering that ‘a contract’ is 'a deal', not a piece of paper (although that is extremely useful evidence of a contract). A contract is an agreement made between consenting people where ‘consideration’ (in your case cash payment) is made by the ‘promisor’(and you need to be clear whether this is the person you cared for or some other family member, because that affects who the contract is made between). It isn’t a good idea to start by saying ‘I know we didn’t have a contract’, and it isn’t right either. Very few contracts have to be in writing (one example the sale of a house). Good luck!

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JoAnn29 Jun 2019
If u were paid and this is backpay and expenses, then I would say ur entitled. You may now have to present a bill to the estate. Being on lawyer letterhead would help.

freqflyer Jun 2019
UCLADANCE1, if you are only asking for the regular $120/day x 4 for the week or weeks prior to the client passing, then yes, the Estate should be paying you. You had been paid for two years prior, so there is a precedent.

Since the client has passed recently, then the Estate is tied up with logical issues, and Probate may come next. You could submit to the Probate Court a bill for those weeks not paid. Note that Probate isn't overnight turn around, it is not unusual for Probate to take over a year to dispense any payments.

If there is no Probate, then bill the Estate for salary owed. If the Estate isn't forthcoming with the payment, then see an Attorney.

UCLADANCE1 Jun 2019
Thank you to the responses i recieved .i went ahead and contacted a lawyer with all the details of my situation and it looks like i do indeed have a case . And to the question if i was paid , yes i was but i am still owed some money for my recent caregiving before he passed away .and some out of pocket expenses that his sister is withholding . My situation is real messy . But i will keep you posted .thank you

anonymous840695 Jun 2019
I agree don't get your hopes up. People don't know what goes into such caregiving much less appreciate it. Ad when it comes to money, money gives sight to the blind.

worriedinCali Jun 2019
You can ask for whatever you want but I wouldn’t get my hopes up. The time to ask for compensation is while you are actually caregiving. If the heirs don’t want to pay you, you will most likely be out of luck.

Isthisrealyreal Jun 2019
Did you not get paid while he was living?

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