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For 7 years we have been 24/7 live in caregivers for a woman who suffered with dementia among other serious psychological issues. From the start we had been promised to be paid but as time went on she changed her story several times . When she cut her own neck and called 911 on me telling them I did it she went to a psychological hospital for 6 months. Then upon her exit her daughter became POA and it became that we were to be paid from her will. We lost Mary just a week ago. There was a reverse annuity mortgage that has a good amount to be paid on it. We get nothing but the utilities cut off and what we believe are lies from the daughter. Can I put a lien on the house to recover some pay? We are stuck here at her house with a foreclosure luming and no means to move. help!

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I would try small claims court against the daughter for the post surgical care she contracted for after the persons surgery.
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I would say for an oral contract there had to be "a meeting of the minds". (From what u wrote, doesn't seem there was. Your other problem, u have no money and placing a lean costs money and you have to prove you were promised money. Like I said, to have a reversed mortgage the woman had not money put aside. So there is nothing to leave beneficiaries. The house will probably go to the mortgage company. The children are not responsible for Moms debts.
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JoAnn29 Oct 25, 2019
Tacy, I really don't like you implying I am stupid. There is more going on here. You cannot be "paid from a Will" unless you are a beneficiary. And then...there has to be an estate. Which sounds like there isn't. No one does a reverse mortgage that has any money. OP took the word of a woman who suffers from Dementia. The daughter probably lied. Figured she was getting care for nothing. This went on for seven years!

At this point, OP needs a lawyer, something she/he probably can't afford. Unless a lawyer would take this on pro bono.
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Just thought of something else after reading Tacy's good advice.

Some states MAY honor oral contracts.   Some research could reveal if CA does.    I have no idea what would be required to validate or enforce an oral contract; this would definitely be an issue for an attorney, not an elder law attorney but a transactional attorney with a specialty in contract law.
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Worried makes a very good point, and an interesting one. Tradesmen/women can file what used to be mechanic's lien's for work done on a building.     I don't recall whether land and/or grounds are also lienable, but it probably depends on the type of work done.

I have no idea and haven't done any research to know if any states consider caregiving to be lienable activity.

Never thought of it this way before, but if someone wanted to, a conclusion could be made that there's some discrimination in not allowing caregivers the same rights to file liens as electricians, plumbers, builders and other tradesmen/women have.  

We should have equal rights!
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You cannot file a lein on the house. The only way to do that is to secure a judgement against the woman you cared for. If there is a will and you aren’t named in it then under California law you can’t even contest it because you don’t have standing. You have to have standing in order to contest a will. With nothing in writing and being a non-family member, you are out of luck there.
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Sorry, unless you have a written agreement, nothing u can do. You would have had to keep good records. That taxes were removed.

Sorry, maybe Social Services can help put u someplace temporarily. You will need to find jobs to pay your way. You relied on people that time and time again they have promised and did nothing.

For this woman to have a reversed mortgage, I doubt if she had any money but what she got from SS and any pension she may have had. Even if there is a Will, no money, no will. You don't probate a Will if the estate is gone.
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As Glad advised, the mortgage has already been recorded and is a superior lien.   Any lien you place now is subordinate and would only be paid if there are funds left after the RM is satisfied.

I checked out reverse annuity mortgages, as I wasn't sure how they might be different from ordinary reverse mortgages.   They're still paid off completely on death or when the house is otherwise sold.

Unfortunately, I think you're out of luck, unless there are assets that aren't subject to the reverse mortgage, such as furniture, jewels, etc.   I don't know about checking accounts, but suspect that an RM holder will go for any assets it can to satisfy the mortgage.

Has the Will been probated?   You might want to call the local county clerk's or similar office to find out if it has; you could probably file a claim, but I don't know whether or not you'd get anything.   And I'm not sure about the validity of a claim that's probably not documented.  

Be aware though that as tenants you have some rights in terms of eviction, so don't let any of the nasty people such as realtors force you out until you've found housing.  

As to the daughter, did you make any (a) formal, documented arrangements with her mother, or (b) directly with the daughter?
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JoAnn29 Oct 24, 2019
Will can't be probated until 9 or 11 days after death. Then, there is a certain number of months before it can be closed. Creditors have to be given time to put liens against the estate.
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You can try to bill the estate without a written agreement you most likely be out of luck. When the house sells the mortgage payoff will likely be first in line for payment.
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