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Can heir to estate file creditor notice against estate?

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WA Girl

Junior Member
What is the name of your state (only U.S. law)? Washington

Will try to be brief - hopefully it won't make this more confusing than it already is...

My husband and I (along with a family friend who we hired and paid) were the sole care providers for my elderly mother the last two years prior to her passing away. My sister who refused to be involved, wanted Mom in a nursing home which would have cost $4000 per month minimum and would have wiped out mom's liquid assets in no time. My mom begged me to do whatever it took to keep her in her own home so she could be comfortable with familiar faces around. I maintained meticulous records while caring for Mom - we treated mom's care just like if she were in a care facility - logging all meds, changes, care provided, problems, etc., so hospice could easily get up to speed on their weekly visits to check in on us. I chose not to be paid or receive any kind of reimbursement during this time because I was fearful she might get so bad that we would need to have outside care and wanted to be sure there would be money for that if needed. We made it through fine and Mom passed peacefully in her home with my family surrounding her exactly as she wanted. As we prepare to settle mom's estate, my sister is livid that I am suggesting my husband and I now be reimbursed as was originally the intent of my mom. Sister feels the estate should be divided 50/50 per the will -- I've explained to her that in order to provide 24/7 care alone that my husband had to quit his job and I cut back on my hours tremendously which put a huge financial hardship on my family, etc. I don't expect to be paid what a care facility would have charged - it was an honor to care for my mother, but my family shouldn't suffer either as we are now behind on many bills, our own home is in some disrepair due to being virtually unoccupied for 2 years, etc.

I was told to file a creditor notice against the estate and include as my proof the 2 years worth of records I have which detail hour by hour my time caring for mom. Is this even possible since I am also heir to the estate? Suggestons and/or advice greatly appreciated. I can't afford an attorney right now and don't want to spend money if there is a high likelihood this type of creditor claim wouldn't even be accepted. Thanks in advance!What is the name of your state (only U.S. law)?
 


justalayman

Senior Member
being an heir doesn't affect your right to make a claim but from what I see:

I chose not to be paid or receive any kind of reimbursement during this time because I was fearful she might get so bad that we would need to have outside care and wanted to be sure there would be money for that if needed
there was no agreement to pay you. Unless there was, you cannot simply decide you want to charge for your services now.
 

WA Girl

Junior Member
Mom asked me to "pay myself" for my time while I was caring for her (that didn't feel right and seemed conflict of interest since I had control of her checkbook for bill paying) and she knew my husband and I were unemployed/part-time employed in order to care for her -- but I hear what you are saying...thanks for your response, I had thought that might be the answer but wanted to bounce it by others to be sure. Appreciate your response :)
 

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