Legal Question in Wills and Trusts in California

Unpaid wages at time of death of employer

I was employed by an attorney for 71/2 yrs. He died owing me back wages. He did not leave a valid will. His exwife is his administrator. She paid current wages due other employee but failed to pay me. Now she has petitioned court for extraordinary fees for her attorney and the judge has awarded them. I filed a creditors claim and it was accepted. But both attorney and admimistrator have said that I must wait for approximately 2 yrs for my pay. Is there anything I can do.


Asked on 5/07/99, 2:30 am

1 Answer from Attorneys
MICHAEL MILNES Law Office of Michael A. Milnes

Re: Unpaid wages at time of death of employer

iT SHOULD NOT TAKE 2 YEARS TO PAY A CREDITORS CLAIM, PARTICULARLY IF THEY ARE PAYING OTHER CREDITORS. yOU SHOULD WRITE TO THE wIFE AND HER ATTORNEY AND ASK FOR A WRITTEN EXPLANATION AS TO WHEN YOU CAN EXPECT TO HAVE YOUR CLAIM PAID AND IF NOT PROMPTLY, A WRITTEN REASON FOR THE DELAY. iF THAT DOESNT WORK YOU MAY NEED TO CONTACT AN ATTORNEY TO GET IT DONE.

WATCH OUT FOR THE ONE YEAR STATUTE OF LIMITATIONS THAT EXPIRES ONE YEAR AFTER THE DECEDENT'S DEATH. FILING THE CREDITORS CLAIM WILL NOT EXTEND THE STATUTE OF LIMITATIONS. YOU MAY HAVE TO FILE A LAWSUIT TO COLLECT YOUR CLAIM. THE ESTATE ADMINISTRATOR CAN AGREE IN WRITING TO EXTEND THE STATUTE OF LIMITATIONS IN ADVANCE OF THE ONE YEAR.

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Answered on 5/07/99, 4:30 pm


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