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Court supervised Probate estate case


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#1 Tooblessed2bstressed

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Posted 29 November 2012 - 11:33 AM

Does anyone know of a case law in the state of Indiana that states a family member (who did not quit his job) can claim care giving wages after the parent is deceased? Also there was a hired home care worker full time days.

#2 pg1067

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Posted 29 November 2012 - 11:51 AM

No one on a message board is going to do case research, and no one from Indiana follows these boards on a regular basis as far as I know.

#3 FindLaw_Amir

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Posted 29 November 2012 - 12:38 PM

A good resource to visit to locate case law would be a local law library.
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#4 Tooblessed2bstressed

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Posted 29 November 2012 - 12:46 PM

I don't live in Indiana, do local law libraries carry case laws for other states?

#5 Fallen

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Posted 29 November 2012 - 01:35 PM

This isn't the place to expect someone to do highly targeted legal research (and having "case law" doesn't get you very far if you don't know why you want it let alone how to apply it; I'd worry primarily about whether there's a statute saying that someone's free to pursue compensation retroactively).

Unless the person can establish some kind of contract with the deceased made when (s)he was alive for care compensation, I'm not clear why someone would think such a claim would be successful.

If the point if your post is that someone has decided to file a retroactive claim against the estate, any heirs at law are free to object to such a claim and ask the court to disallow it because the claimant hasn't established there was any contract (let alone why the deceased when alive wasn't paying the compensation).

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#6 Tooblessed2bstressed

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Posted 29 November 2012 - 03:01 PM

To Fallen: Thank you for your feed back. As one of the heirs to the estate I have objected to the Final Accounting and Pleading which contained the request for care giver services by another heir.(however I need an attorney to file the objections with the court.) There was no contract, no discussion with my father regarding compensation prior to his death additionally we hired a professional home care worker. My brother never quit his job he only moved in with my Dad the last couple of years of his illness to be with him at night. I did not expect anyone do legal research I just needed advice and someone to point in a direction where I might find a precedent case. (this site was suggested by an attorney) Again thank you.

#7 pg1067

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Posted 29 November 2012 - 04:28 PM

I don't live in Indiana, do local law libraries carry case laws for other states?


Some do; some don't. They may also have limited free access to Lexis and/or Westlaw. Some limited research can be done at findlaw.com, although not on the message boards.

For what it's worth, I doubt that the fact that the caregiver not having quit his/her regular job is at all relevant. The bigger issue when a family member claims entitlement to compensation for caregiving is that close family members typically do that sort of thing without any expectation of compensation. Therefore, courts typically want some fairly compelling evidence of an agreement between the deceased and the caregiver.




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