Legal Question in Construction Law in Massachusetts
I, a homeowner, signed a contract for septic system construction. I paid a $5000 deposit. The contractor has since died, along with his partner and wife. The work was never started. When/how do I get my deposit back?
2 Answers from Attorneys
You will probably need to file a creditor's claim against the decedent's estate. There are legal time limits involved so do not delay. If the estate was properly probated in the relevent county, the clerk of the probate court will have a public record on file. This is an excellent place to start your inquiry, along with the legal notices published in the paper of general legal publication in the area.
Good Luck.
The previous answer is excellent and thorough. Creditors have a one year period in which to file their claims against a deceased. Depending upon the type of business structure, your claim may be against the business and not the individual deceased persons.
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