Q: Can I Sue a persons estate for back wages. I was a caregiver for 5 years.
I was a live in caregiver for 5 years. I got weekly checks in various amounts, $50.00 - $200.00. No taxes were claimed or reported. I was told many times that I would be "taken care of" in his will. After he passed I found out that I was not mentioned in his wll
A: Yes, you can sue the estate for back wages. You'll have up to one year from the date of death to file your lawsuit.
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A:
To add to what Mr. Price relayed, there is an extra step if the estate is proceeding though probate.
You will need to file a creditor's claim in the probate case. The representative can then approve or deny the claim. If the claim is denied, you may then file suit. A properly filed creditor's claims tolls (stops) the one year statute of limitations.
I would review your case with an employment law attorney who has some experience in probate matters. There are other considerations, and if the estate is handled by a trust the procedure is different. If you do not know where to find an attorney, you can start with your local county bar association. Most operate an attorney referral service where, for a small or no fee, you receive a consultation with an attorney.
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