How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 15761
Experience:  Licensed Texas General Practice Attorney
19487448
Type Your Estate Law Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

I live in the state of Indianapolis In and I worked as a

Customer Question

I live in the state of Indianapolis In and I worked as a paid caregiver for a company, my client(85 Years's old ) died two week ago. She had a will, which she left her estate to a uncle. My client notarized a note with two witnesses while living in an assisted living facility. She wanted me to have a few thousand dollars out of her estate. I would like to know can I collect anything from her estate with just a letter. I tried to talk to her POA and he won't give me any information because he said he represents her estate now. My question is can I take this notarized note and collect the monetary gift from my client estate . How and whom should I let know about my claim? Thank
Submitted: 8 months ago.
Category: Estate Law
Expert:  ScottyMacEsq replied 8 months ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. You would present this to the POA, as a "handwritten codicil". A codicil is a modification to an existing will. It's essentially adding to a will, if it was the intent of the testator to make this distribution upon his/her death. As the executor of the estate, this individual would need to accept that. Note that you should not give him the original, but rather state that you will file the original with the probate court if need be. You'll give him a copy (certified if he wishes).

It's quite possible that he'll challenge the letter, and if the court doesn't view it as an addition to the will (let's suppose that they feel that there's no intent indicated that this would be a testamentary gift like found in a will) then they might deny the matter. It's not something that you'd want to spend a lot of time and effort on (unless it's a LOT of money). But it's something that the executor of the estate would need to take seriously as a claim against the estate.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 8 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 8 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 8 months ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 8 months ago.

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time (~30 minutes) and effort that I spent on this answer unless and until you rate it 3 or more stars (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 8 months ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 8 months ago.

I see that you istill have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Related Estate Law Questions