Legal Question in Wills and Trusts in California
I moved in and looked after Mom for the last 8 years of her life. There was no written agreement between us. She paid me no salary, nor charged me any rent. She did help pay some of my bills after I depleted my savings. She often lamented that she could afford to not pay me for my services, and that her other four children did little to help out. My only sporadic income was from working from home as a real estate agent.
Mom died last month without a will. Her major asset was her house valued at about $400,000. Can I put in a claim for back wages against her estate for 8-hour workdays over 8 eight years at the rate the state pays for in-home supportive services ($10/hr?) maybe with an offset for rent at $500/month?
3 Answers from Attorneys
Without a written document signed by your mother or agreement by the other heirs, I don't believe your claim would be accepted by the Judge. Someone will now need to file to probate your mother's estate so that the house can be sold and the proceeds divided amongst the siblings.
The lack of a written agreement is going to make it difficult if not impossible for you and if you make a formal claim in a Probate that could be deemed a contest under a No Contest provision and risk getting you disinherited. You could never go back that many years and may be capped at 2 or 3 years. If you had a great relationship with your siblings perhaps they would agree on something that would be fair (considering the rental offset), but that seems unlikely. Sorry for your loss and good luck.
Like the others said, you need a written document. Sorry
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
