Legal Question in Wills and Trusts in Oregon

My grandmothers estate

I live in and take care of my grandmother 5 days a week 24 hrs. a day for 3700.00 a month. All her expences food

diapers,elec,water,cable,phone,

ect. I end up making $6.00 an hr.

She does not have a will the money will go to probate in oregon and be distibuted between the two

daughters.At probate will I be able to collect my back wages up to min. wage and overtime and her expenses for wich I have all the reciepts?


Asked on 2/05/08, 8:48 pm

1 Answer from Attorneys

Andrew Svitek Svitek Law Group, LLC

Re: My grandmothers estate

It probably won't be that easy. For one thing you're a family member so it's not clear whether the same employment standards would apply between family members -- who hired you?

You'll probably have to get a lawyer and sue the estate for the value of your services to force the estate to settle your claims. They may also claim that you received other value as a live-in caretaker (free rent). You may also lose some claims based on the statute of limitations.

Better to talk with an employment lawyer now. Don't expect the estate to provide you with payment. You need to take some steps now.

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Answered on 2/16/08, 4:36 pm


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