Legal Question in Construction Law in California

Contractor Bankrupt?
I am a subhauler awaiting payment for invoices that are over 6 months old; the owner of the company passed away 2 months ago, leaving what he had to a live-in girlfriend, who was working for him, and a grandchild. She now claims that she is broke; how should I go about getting my money back (it's about $2500.00)

Asked on 10/04/07, 1:43 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Re: Contractor Bankrupt?

If there is a probate estate, you file a claim with the executor or administrator. Check with the clerk of the probate department at the county courthouse where his will would likely be probated. I don't practice in the area of wills and estates, so I can't be more specific.

I believe that many small estates go from decedent to heirs without any formalities, whether or not the decedent had a trust. Therefore, since this guy was maybe pretty near broke anyway and apparently lived an informal lifestyle, there may not be a probate proceeding. If that's the case, I suggest you sue the girl friend and if the grandchild is 18 or over, the grandchild as well; they inherit the guy's debts as well as his property, up to the value of the property they received. Small Claims Court is quick and cheap.

Answered on 10/04/07, 2:00 pm

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