Legal Question in Business Law in Alabama

Collecting Payment for Sub-Contract Work after Contractors Death

I have performed sub-contract web development work for a buddy under a verbal contract for the last year. I completed a couple projects and was paid according to our agreement of $50/hr.

I performed work in July of last year and invoiced him via an email which basically stated I worked 50 hours on the project and he owed me $2,500. He invoiced his client for 33 hours, I assume b/c he charges $95/hr, and then died later that week. His wife took over his finances and only paid me for 33 hours instead of the 50 I invoiced him b/c thats all he invoiced his client. She refuses to pay for the full 50 hours and has directed me to her lawyer. I have contacted her lawyer and he requested the invoice so I faxed it to him. I have now tried to contact him for 4 days and he will not answer the phone or return my messages.

What can I do?


Asked on 1/18/07, 1:25 pm

1 Answer from Attorneys
Chip Browder Hubbard, Smith, McIlwain, Brakefield & Browder, PC

Re: Collecting Payment for Sub-Contract Work after Contractors Death

Assuming that an estate administration has been or shortly will be initiated with your local probate court, you will need to file a formal claim against his estate to preserve your rights in the amount owed. Contact your local probate court (that is of course, assuming you both live/lived in the same county, otherwise it is the probate court for the county in which your friend was a resident at the time of his death) to inquire if that administration has been begun, and if so they can help you with the neceesary paperwork/filing.

If you fail to timely file your necessary claim with the probate court, you may be permanently precluded from prosecuting your claim against the estate. good luck

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Answered on 1/30/07, 4:20 pm


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