Court supervised Probate estate case
Posted 29 November 2012 - 11:33 AM
Posted 29 November 2012 - 11:51 AM
Posted 29 November 2012 - 12:46 PM
Posted 29 November 2012 - 01:35 PM
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.
Posted 29 November 2012 - 03:01 PM
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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