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C
Crawfor Asked December 2021

I was an independent live-in caregiver. He passed in Feb. How do I get paid now that he is gone?

JoAnn29 Dec 2021
I think you may be too late. In my state probate can start 9 or 10 days after death. Depending on the size of the estate, probate can be closed after 8 months. This gives debtors time to get their claims in.

You need to go to the County Clerk and find out if the Will has been probated. If it has, there should be information who the Executor is and contact info. Then send the executor a letter saying you were not paid at time of clients death for days worked prior. Give a breakdown of days and hours worked and your rate.

If probate has been closed, you will be out of luck. You needed to put in a claim before closing.

I have a question though, if you were a live-in, who made sure you left the home? Did you not have contact with any family members?

vegaslady Dec 2021
Small claims varies by state.

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MJ1929 Dec 2021
Did you have a contract with him or his representative? Did you keep scrupulous records of your hours and duties?

Absent any of those things, you're going to need to consult an employment attorney to see what your options are. You'll have to make a claim against the estate (probably long since dispersed, so good luck with that).

Why are you waiting almost a year to ask about getting paid??

PeggySue2020 Dec 2021
Find out who the executor is, and submit your bill. If they do not pay, then take it to small claims if the amount is under $5,000, to avoid legal fees.
MJ1929 Dec 2021
Small claims is $10,000 nowadays.

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