Mom hired help but could not pay them? They worked for two months without getting paid at all?
No one else is obligated to pay off Mother's debts, credit cards, etc. after she dies. Any money or resources she had at the time of her death must go first to settling legitimate bills.
If this were my family and there was no estate to pay these people, I think we would all chip in and do our best to pay them. Not because it would be required of us, but because we would want to see the people who helped Mother be treated fairly. But I can understand lots of reasons other families might not feel that way. Dysfunctional families make strange decisions. If some family members were opposed to bringing in paid carers (perhaps thinking Mom should be in a care center) then I can understand they might not be willing to pay for it.
If Mom hired them, Mom is responsible for that debt. It should come out of her estate before anything is distributed to family.
But I'm still stuck on my first response. Mom found workers who kept working when they weren't getting paid? Where?
Morally I think money is owed since work was done in good faith. Mom's estate should be tapped first to pay this bill. Then the rest of the family should get together to cover it, especially any children who talked the caregiver into staying.
Do you mean that "mom" is actually your stepmother, and that your sibling believes that because she was not your biological mother there is no obligation to pay her bills?
There is no obligation to pay a deceased person's bills with your own money anyway; but that isn't really the point.
The person who is now responsible for wrapping up your mother's affairs - her executor, if she left a will - is responsible for settling outstanding accounts, including paying her care bill, but only with her money. If she didn't have any money, or any property that can be sold, then you are not legally obliged to pay the bill; but the family members might well consider it a debt of honour and, as Rovana suggests, pay their fair shares towards it.
If mother didn't leave a will, you'll need to find out what has to be done about getting her estate tidied up. You should be able to get information online quite easily.
Who made and paid for your mother's funeral arrangements? That person might be best placed also to know what's going on with her possessions.
This story really doesn't make any sense. How does anyone work on getting a POA? I mean it is just a signed sheet of paper. Would the mother not sign it for anyone? Who was paying the bills? Why were caregivers willing to work for so long unpaid? Were they family?
In the caregivers' situation, if I were not paid I would file a claim on the estate, then if there was not enough money, I would sue the people who asked me to stay on, including the an amount to cover my legal expenses and inconvenience. It's illegal to work someone, then not pay them.
Family needs to do the MORALLY right thing and pay these caregivers who took care of their STEP mother (sounds like) when they could not do it for whatever the reason. She needed help, and they were there! To stiff them of their wages just because family has whatever issues is repugnant. Don't care what the LAW says. Do the right thing now.
If she was just a step mother and you are not her biological child, why were you trying to get her POA? If the family members who were trying to get a POA instructed the caregivers to keep working, then they have a LEGAL obligation to pay the caregivers.
It is because of family members like this that some really good caregivers leave the field. They need to put food on their table too. Stop taking advantage of their kindness. Who else would work for two months without pay! Would you???
Paid Caregivers can not work without pay for 2 months. They simply can't afford to do that, otherwise they are volunteers and not entitled to be paid. many people work and are paid "under the table" this is illegal for both parties involved but it is frequently done in the caregiving and other household help situations. Of course a worker can take the employer to Small Claims Court but with no written contract they are probably unlikely to succeed. That being said these people are morally entitled to be paid if there is money in the estate to cover these expenses. From the tone of the question I feel doubtful that the money is available which is why step children feel no obligation to pay up which of course they are entitled to do. Often kind heated people allow themselves to be walked all over when they help someone out from the kindness of their heart. I just hope the caregivers have learned their lesson and in future jobs don't allow time to pass without being paid. I certainly learned my lesson with tenants not paying their rent. i was just horribly exploited when I thought I was helping them get ahead in their lives. Lesson learned this is business so keep it that way.
No one else is obligated to pay off Mother's debts, credit cards, etc. after she dies. Any money or resources she had at the time of her death must go first to settling legitimate bills.
If this were my family and there was no estate to pay these people, I think we would all chip in and do our best to pay them. Not because it would be required of us, but because we would want to see the people who helped Mother be treated fairly. But I can understand lots of reasons other families might not feel that way. Dysfunctional families make strange decisions. If some family members were opposed to bringing in paid carers (perhaps thinking Mom should be in a care center) then I can understand they might not be willing to pay for it.
If Mom hired them, Mom is responsible for that debt. It should come out of her estate before anything is distributed to family.
But I'm still stuck on my first response. Mom found workers who kept working when they weren't getting paid? Where?
Such a shame to dodge such a situation...
Grace + Peace
Bob
There is no obligation to pay a deceased person's bills with your own money anyway; but that isn't really the point.
The person who is now responsible for wrapping up your mother's affairs - her executor, if she left a will - is responsible for settling outstanding accounts, including paying her care bill, but only with her money. If she didn't have any money, or any property that can be sold, then you are not legally obliged to pay the bill; but the family members might well consider it a debt of honour and, as Rovana suggests, pay their fair shares towards it.
If mother didn't leave a will, you'll need to find out what has to be done about getting her estate tidied up. You should be able to get information online quite easily.
Who made and paid for your mother's funeral arrangements? That person might be best placed also to know what's going on with her possessions.
If she was just a step mother and you are not her biological child, why were you trying to get her POA? If the family members who were trying to get a POA instructed the caregivers to keep working, then they have a LEGAL obligation to pay the caregivers.
It is because of family members like this that some really good caregivers leave the field. They need to put food on their table too. Stop taking advantage of their kindness. Who else would work for two months without pay! Would you???
That being said these people are morally entitled to be paid if there is money in the estate to cover these expenses.
From the tone of the question I feel doubtful that the money is available which is why step children feel no obligation to pay up which of course they are entitled to do.
Often kind heated people allow themselves to be walked all over when they help someone out from the kindness of their heart. I just hope the caregivers have learned their lesson and in future jobs don't allow time to pass without being paid. I certainly learned my lesson with tenants not paying their rent. i was just horribly exploited when I thought I was helping them get ahead in their lives.
Lesson learned this is business so keep it that way.
See All Answers