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How do I bill or lien my mothers estate to pay me for caring

How do I bill or...
How do I bill or lien my mother's estate to pay me for caring for her for the last two years. Her monthly income doesn't allow her to pay me now, but her estate does.
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Answered in 6 minutes by:
11/6/2010
Ellen
Ellen, Attorney
Category: Estate Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
Verified
Hello,

So sorry to hear of your dilemna. I will strive to provide you with legal information to assist you.

I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information on this open and nonconfidential forum.

You will want to have your mother sign an employment contract with you. Upon your mother's death, you may then file a notice of claim and submit the employment contract as proof

I hope that this helps.



Thank you in advance for remembering to click accept. If you experience difficulty using the accept button, please let me know as JustAnswer pays me for my time only if the "accept" registers.
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Customer reply replied 7 years ago
How does the employment agreement get dated 1/1/09? Does it have to be notorized? How does the employment contract get filed? Does the employment agreement have to be done by a lawyer? You made it sound easy, but I see some difficulty between the lines.
You are correct that it sounds easier than it is. You may want to have local counsel draft your agreement. To specifically answer your questions:
How does the employment agreement get dated 1/1/09?
You would date the employment agreement with the current date and state in the agreement the cost of services rendered to date
Does it have to be notorized?
no but it is preferable to have a notary and 2 witnesses who can later attest your mother's competence

How does the employment contract get filed?
when your mother dies you file an estate claim and attach the employment contract

Does the employment agreement have to be done by a lawyer?
no but it would be best


I hope that this helps.



Thank you in advance for remembering to click accept. If you experience difficulty using the accept button, please let me know as JustAnswer pays me for my time only if the "accept" registers.
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Customer reply replied 7 years ago

Thanks for the follow up, but Mom is incompetent/dementia, that's why she needs care so how would she handle the "competent" part? Do we skip the notary? She can talk and sign her name, I have POA, but she cannot answer competency questions and my brother knows this.

I was not aware that your mother is incompetent. It makes the situation much more difficult.

Consider a petition to the Court for a conservatorship to be appointed for your mother. The court can then award you a salary for caring for your mother

A conservatorship can be set up for a person that cannot take care of himself and/or his finances. In a conservatorship, the judge appoints another person (the conservator) to be in charge of the conservatee's care and/or finances.

You could petition the court to appoint either yourself or another family member to act as conservator. This would allow the conservator to make decisions for your aunt.

I suggest that you retain local counsel and have your counsel move for a hearing on the petition on an conservatorship. If this is not possible, you can go to the local law library and copy the form templates or purchase the forms on line.

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Customer reply replied 7 years ago

I'm already in charge of my mom's finances and pay her bills, care for her, her medical neds, her dog, her house, her landscaping, plumbing, heating etc. I just want a simple form to be paid for the 23 plus months to come out of her estate. I realize that I will have to seek counsel from a local attorney. I don't want to go to court for conservancy.

 

This is getting too hard. Also, I tried to print your advice so I can take it to the attorney but it won't print. How am I suppossed to remember all this after you get paid. Will you e-mail it to me?

 

 

I believe the site does e-mail the thread to you. I do not know why you are unable to print our exchange. Although you are already in charge of your mother's finances, the purpose of the conservatorship would be to obtain court approval of fees payable to you.

It has been my pleasure to work with you

Thank you in advance for remembering to click accept. If you experience difficulty using the accept button, please let me know as JustAnswer pays me for my time only if the "accept" registers..

Please let me know if I can assist you in the future by requesting me directly.y.
Ellen
Ellen, Attorney
Category: Estate Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
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Ellen
Ellen
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Category: Estate Law
Satisfied Customers: 36,715
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