Legal Question in Wills and Trusts in New York

Estate Bills

I am a Registered Nurse and I took care of myy mother-in-law 24/7 for

1,740 hours until she expired at her request.

I am charging the lowest fee of $30.0/hr.

will the executor and the Estate Attorney be required to pay me. I lkept nursing notes daily

Thank for your kind ssistance.


Asked on 4/23/07, 10:23 am

2 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: Estate Bills

I see no reason why you should not be compensated for your services, just like any other service provider. However, since you reference NY law, consult with a local attorney.

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Answered on 4/23/07, 10:41 am
Robert Thompson J. Robert Thompson Attorney

Re: Estate Bills

Ultimately, yes, but probably not the full amount. The obligation will be attacked on the grounds that your services were provided out of love and affection. If you have evidence that she agreed to pay you, that hurdle is easily overcome; and even without independent evidence, the likelihood that a professional would render that amount of professional services for free is very slim.

The amount will also be attacked, on the grounds that not all services were necessary, or that they are overstated. If you are basing your claim on standard professional practices in providing 24/7 nursing care, this will be a good defense to that attack.

You should prepare a formal bill, just as you would for an unrelated patient, and submit it to the executor as a claim against the estate as soon as possible.

You should retain counsel to assist you in submitting the claim, and in pursuing it if it is not paid.

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Answered on 4/23/07, 10:43 am


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