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P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 26551
Experience:  12+ yrs. of experience including estate law.
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My son had tried to get disability for 2 yrs. He finally recieved

Customer Question

My son had tried to get disability for 2 yrs. He finally recieved a court date. It was Feb 7th & he passed away Jan 21. The courts gave him all of his back pay - Now I took care of him. paid his child support - prescriptions, Dr visits & took him to the emergency 4 or 5 times a month thinking this is the end ( very stressful ) & plus paid for the funeral.
Then we were told this money would go to his children ( 11 & 9 ) & ex wife. I wouldn't care - but it did take away from my household income & I am trying to fix all that.
I guess my question is - can I sue her as that was his estate ????
Thank you Starr
Submitted: 11 months ago.
Category: Estate Law
Expert:  P. Simmons replied 11 months ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

I am sorry for this dilemma.

You can sue the estate. IF you had an agreement for care...can you tell me, did you have an agreement with him to compensate you for your time/energy/lost wages?

If so was it in writing?
Customer: replied 11 months ago.

We did talk about how he would help me monthly and pay some of the other things back - but nothing in writing

Customer: replied 11 months ago.

We did talk about how he would help me monthly and pay some of the other things back - but nothing in writing

Expert:  P. Simmons replied 11 months ago.
Sorry for the delay, computer crashed

The problem you face is that you have to prove a contract.

What you describe, if you had a contract to provide services to this person, and they died? Then you can enforce the contract against the estate. You become, in effect, a creditor to the estate.

SO you can sue the estate...but you have to prove the agreement. You would have to prove that he had promised to pay you some amount (whatever that amount was)

If you can prove that (and you could do that with your testimony) you can file a claim with the estate and if they refuse to pay, you can sue the estate.

botXXXXX XXXXXne: you can sue...but you will need to prove you had a contract.

Let me know if you have more questions...happy to help if I can

P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 26551
Experience: 12+ yrs. of experience including estate law.
P. Simmons and other Estate Law Specialists are ready to help you
Customer: replied 11 months ago.

Do I have to hire a lawyer or just go through Social Security, or the ex wife ???

Expert:  P. Simmons replied 11 months ago.
It is the probate court that would have the power to order this debt paid. So you would want to submit the bill to the executor of the estate (whomever is going to administer the estate in probate)

If they pay you? Great. IF they refuse to pay the bill, then you need to have a lawyer file a motion with the probate court to make them pay

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