You should have sought compensation while you were the caregiver. For non-familiar caregivers, it’s highly unlikely to be compensated by the estate or the remaining family members after the fact. If the trailer wasn’t left to you in a will, if you have no proof of the agreement then you have no legal standing and no legal right to the proceeds from the sale of the trailer. You can, however, request compensation for being caregiver from the estate but you may not prevail.
Yes, you inherited needed to be in the will. A codicil at least. If you have no proof in writing, you have no standing. If the estate has been probated, the Will is public. If ur mentioned as a beneficiary of the trailer, it was the Executors job to see u received it and titled turned over. If this was not done, then u can sue for the value of the trailer.
Maybe the trailer was sold for her living expenses. I have left my house to my daughters but I have a right to sell it if I want to. It just means that if I die before its sold they get it. Same with my investments. They inherit only if money is left. The POA may have had the right to sell the trailer to pay for persons rent. It an asset.
If you had a verbal agreement, care for trailer, those are legal and binding. You should put a request for payment into the probate court.
You will need to do a detailed document that outlines when you started care, what care you did, how long it lasted, exactly what your understanding of the agreement was and you will need to place a value on services provided based on the going rate for the care you provided. This will show the courts all the information to make a decision on.
This is why we are always telling people to get paid as you go and do a written caregiver agreement, it simplifies the situation.
Can you ask for it? Can you put in a claim? Of course. Anyone can ask anyone else for anything. The question is whether a judge will grant it.
Verbal agreements are legally binding. The question is showing that such an agreement exists. Did anyone else know about this agreement? Can someone else attest to it?
Yes, written agreements can be easier to prove valid. Especially if they have been witnessed and/or notorized and/or publicly recorded. After all, people can say that it's not their signature and they have no idea what this agreement is.
In the end, it comes down to whether it smells right to the judge. People do make claims based on verbal agreements during probate. People do win.
This happened with my MIL. She was told by her lawyer to do a codicil of what she wanted to give to who. She never did it. We figure she promised her car to at least 2 people. A Bedroom suite I told her I wanted was promised to her cleaning lady. When the estate seller was at the house neighbors came over saying she promised them this or that. Things she had promised other people. Without a written agreement or a codicil they had no leg to stand on. How did we know these people were on the up and up. My MIL was gone.
I really don't think a verbal agreement stands in something like this. If no one to corroborate it. And like I said, if family needed to sell it for her expenses, then there is nothing to inherit.
There is a difference between a cleaning lady, neighbors or others and someone that provides end of life care.
Anyone can make a claim, that is what probate is for. It is their burden to prove that they have a legitimate claim. But anyone can make a claim against anyone's estate.
Having a verbal agreement that was met by one party proves intent and that they believed that they had an agreement. It is perfectly legal in any situation, it takes proof to get it through a probate judge or any judge. They have seen every hustle out there, they have law that directs them. The biggest part of that being proof from the claimant. He said she said does not get you any where. Proving that you spent weeks or months caring for a dying person, without pay, well that is a different story all together.
You need to talk to a lawyer. I think you would need a witness to this agreement. Trailers depreciate like a car. Was it worth what it would cost to get a lawyer and get anything out of it.
Just read up on this and Isthis is correct in that you provided a service and the Trailer was the payment. So I guess u put your claim in and go from there.
Maybe the trailer was sold for her living expenses. I have left my house to my daughters but I have a right to sell it if I want to. It just means that if I die before its sold they get it. Same with my investments. They inherit only if money is left.
The POA may have had the right to sell the trailer to pay for persons rent. It an asset.
You will need to do a detailed document that outlines when you started care, what care you did, how long it lasted, exactly what your understanding of the agreement was and you will need to place a value on services provided based on the going rate for the care you provided. This will show the courts all the information to make a decision on.
This is why we are always telling people to get paid as you go and do a written caregiver agreement, it simplifies the situation.
Best of luck.
Verbal agreements are legally binding. The question is showing that such an agreement exists. Did anyone else know about this agreement? Can someone else attest to it?
Yes, written agreements can be easier to prove valid. Especially if they have been witnessed and/or notorized and/or publicly recorded. After all, people can say that it's not their signature and they have no idea what this agreement is.
In the end, it comes down to whether it smells right to the judge. People do make claims based on verbal agreements during probate. People do win.
I really don't think a verbal agreement stands in something like this. If no one to corroborate it. And like I said, if family needed to sell it for her expenses, then there is nothing to inherit.
Anyone can make a claim, that is what probate is for. It is their burden to prove that they have a legitimate claim. But anyone can make a claim against anyone's estate.
Having a verbal agreement that was met by one party proves intent and that they believed that they had an agreement. It is perfectly legal in any situation, it takes proof to get it through a probate judge or any judge. They have seen every hustle out there, they have law that directs them. The biggest part of that being proof from the claimant. He said she said does not get you any where. Proving that you spent weeks or months caring for a dying person, without pay, well that is a different story all together.
Come back when u find out what ur rights are.