Employment Law Questions? Ask an Employment Lawyer.
Hi. My name is ***** ***** I am a licensed California attorney with extensive labor law and estate law experience. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.
I am sorry to hear that the health worker is bring a suit against your father's estate.
Who did the health worker list in the claim (your father, your stepmother or both)?
Thank you for that information.
The health care provider was for your stepmother's care?
Okay. That raises an issue.
On the one hand the debt is linked to your stepmother, on the other hand your father was listed as the employer. You will have to defend the claim and either attempt to include your stepmother in the claim or file suit against her for the amount that you have to pay out from your father's estate.
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That is correct. The claim should be paid solely by her, as it is her debt.
If you believe the claim is legitimate, you can settle the matter with the opposing party and save you all the time and hassle of going through the legal process.
You can discuss with your stepmother, her paying the settlement amount. If she refuses, then you will have to file a civil suit against her for the money.
A employment/labor law attorney can certainly help with this matter. If you are just settling the matter, the attorney should be able to provide a flat-fee (not hourly) to prepare the settlement agreement. The same attorney may be able to handle the civil suit against your stepmother or you may have to hire a litigation attorney specifically for the claim against her.
The cost of litigating the matter will depend on the attorney, but an attorney may be willing to take the matter on a contingency basis. This means that they will receive a percentage of the amount that they are able to recover from your stepmother. The percentage is usually 30% if it is settled, 40% if it goes to trial and 50% if there is an appeal.
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