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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38901
Experience:  Retired (mostly)
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What is the law in Califrnia on under paid caregiver who

Customer Question

what is the law in Califrnia on under paid caregiver who would like to collect at time of death by putting in a bill for the estate to pay? I have been taking care of two twin sisters & one of the sisters has passed away. I am 24/7 with no time off at all & have been receiving very low wages from the two ladies. who do I talk to to find out how to get the wages I should have gooten?
Submitted: 1 year ago.
Category: California Employment Law
Customer: replied 1 year ago.
TO add to the above, I have also been working for them for 7 years.
Expert:  socrateaser replied 1 year ago.


Has there been a petition for administration of probate filed with the Superior Court in the County where the deceased sister resided?

Customer: replied 1 year ago.
I'm not sure what you mean, but if it means has the trust & will been submitted to Superior Court, yes they have an executor, I have submitted as a creditor, for the twin that passed away, but it was given to me in such a rush and the person just told to put 80,000.00 on the paper & the paper was rushed to court because it was the last day to file as a creditor. In California, a caregiver can earn 300.00 per DAY & 400.00 per nite. I have been doing this for the last 7 years & as I mentioned with no time off at all. I am not young ( 73) and feel that my job has been actually more then a caretaker. One of the twins also hired me as her asst in paying bills,among many other things. I feel that the work I have done is worth much more as i have been paid very little. If I work with the California Employment lawyer, at this time I am just wanting to understand if i can ask for my full salary & how to go about it. can some one give me an answer ? I guess, I am expecting more to my question. Please let me know, because they charged me again with no salution.
Expert:  socrateaser replied 1 year ago.

Okay thanks. If you have submitted a timely claim to the executor, and the executor has not either allowed or rejected the claim within 30 days of submission, then you have the option to treat the claim as rejected, and either file a lawsuit for recovery on the claim, or alternatively, ask the probate court judge to determine the matter in a "summary adjudication." The difference between a lawsuit and summary adjudication, is that you can have a jury decide the verdict in a lawsuit, whereas the judge will decide the summary adjudication without a jury.

Summary adjudication is much less costly than a lawsuit. However, since this is also a potential wage claim, you could file a complaint with the Cal. Division of Labor Standards Enforcement (DLSE), and obtain a summary determination in that manner. A DLSE hearing has the advantage of generally providing a forum in which the judge is highly sympathetic to employee wage claims.

In any case, those are the options. If there is $80,000 at stake, you really need to hire legal representation. The chance of losing due to a procedural error is high, and you obviously want to win.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 1 year ago.

Hello again,

Do you need further clarification, or do you have what you need?

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