Can I bill my brother's estate for the services rendered for his care?

usntron56: So you would be asking for the amount of $7,800.00 all told? Perhaps you should have reached an agreement while your brother was living AND actually received in some weeks $25.00.

My thought would be probably not - because you performed the duties not getting paid for 6 years. Now, if you have a written agreement for the $25 per week - that might be a different story. Was your nephew aware of the agreed price per week?

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.

Find out if you can put a lien on your brother’s house. It will tie up the sale and his son may pay you to facilitate a quick sale.

“A ‘lien’ is a notice that attaches to your property, telling the world that a creditor claims you owe it some money.”

1. As Connie says, ask your nephew and explain what you did to care for your brother. It never hurts to ask.
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.

Many states honor verbal agreements when one side obviously fulfilled their side of the agreement.

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.

Have you asked your nephew for reimbursements and hourly wage (that $25 per week is ludicrous)? Perhaps a consultation with an estate attorney may give you clarity on whether or not you have a case that can be won. You could file a Small Claims Court Case, too.

I know from personal experience that if it is not in writing, then the agreement never happened. This is true for trusts as well.

It depends on the laws of your state. In my state, there is a form called a Creditor's Claim that you file with the Probate Court in your brother's estate. What happens then is that he can chose to ignore it but you have put the court on notice. You will most likely have to file a legal action (Summons, Complaint) in the Probate file. The claim will expire and this action will be a way of getting the court to look at the matter closer. Proving you did all those things for your brother should help. An Attorney could help recover the money. Probate laws vary from state to state so, there may be a different procedure in your state. Definitely consult an attorney about filing a claim. Written contract or not, I have seen people recover money under similar circumstances. I am not giving legal advise, but don't give up without consulting an attorney or the Probate Court in the County in which the brother's estate is filed. They can also help.

You might consider writing a letter to the court regarding your situation detailing your agreement with your brother for financial compensation in exchange for care all those years.
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.

Without a written conyract, you are not likely to be able to collect any money. You can certainly put in a request, but don't be surprised if the son ignores you.

You could have written a contract up between the two of you (witnessed and notarized) that said upon his death...or you could have been put on his bank acct as a beneficiary.

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.

Although I generally agree with both Alva and CTTN, I've learned that some states do honor oral agreements.    Do some research on Texas and "oral contracts" to see if Texas is one. 

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.

No, you cannot bill an estate without a written contract for monies owed you. A verbal agreement? Means nothing in these cases. For instance, I can read the obits and go to any survivor and say "Your dead dad owed me money; we had a verbal agreement". Nope. Doesn't work that way. I am sorry you didn't get paid for your work at the time you did it. Now it's too late.
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.

I did the math, and it seems you are looking for around $7800. If you have no proof of this verbal agreement, I don't see how you are going to be able to collect.