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Promised to pay then reneged

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ItsMe_JP

Junior Member
Hi I'm a caregiver in Arizona, I was hired by
Mel, the niece of, this elderly couple both 92 yrs old, he suffered from dementia, and she totally incapacitated. Mel was their conservator. In control of all their assets in Arizona, they had much more in Washington State. After 22 months, out of the blue, the uncle decided he didn't like me and told Mel she had "THREE MONTHS" to replace me, which, to my shock, she did within the week, telling me 'you are not fired, he will forget all about it and you'll be back before you know it', Mel totally disagreed with this action, and repeatedly insisted on paying me for those 3 months, for me to 'treat it as a vacation', She asked if I wanted one lump sum, or weekly checks (weekly would be easier for her) so I agreed to weekly. I received 3 checks, then no more.

Within the first few weeks, Mel asked me to sit with her own elderly mother (at her house) on two different occasions, and when I showed up ready for work, she reneged and sent me home.

The uncle for some reason took a collectors key-ring, I had brought over to show them, and threw it, the niece after a complete search, said don't worry I'll replace it, when I told her it is non-replaceable, she said SHE would pay "price" for it, I told her thats over $300.. and she said ok. let her know how much.

Now a year later, after sending Mel letters concerning the rest of my promised pay, and her telling me, don't worry, she just forgot, she'd mail it to me.

The couple died last October, and I again
sent Mel a letter asking for the rest of my money, and reimbursement, without an answer for months, I received a court paper from her lawyer saying:

1.Your claim against the above estate in the amount of $ 2446.99 has been disallowed in full.

2. Your claim will be barred unless you file a petition for allowance or commence a proceeding against the Personal Rep. within sixty days of the date of this notice". dated 4-13-05,

I received this on 5/20/05 giving me a very short time.

Should I pursue this matter, since Mel kept me hanging, I told her she owed me for the 3 months minus 3 payments, and for 2 shifts I showed up for, and the collectors item, and a few misc. things I purchased for the couples home. All of this was a verbal contract, though I did follow-up by sending Mel an email of what we had agreed upon, and one of my co-workers was also informed by Mel of her intention.

What would be the best route to go, file a petition for allowance, or commence a proceeding against the niece, or both, because I'm owed from both accounts.

What to do in such a short time??? I am very busy with 2 more patients. What will happen next?

I have less than 2 weeks !

Any help would be appreciated, Mel really kept me hanging with her promises.

Thanks, J.P.
 


S

seniorjudge

Guest
ItsMe_JP said:
Hi I'm a caregiver in Arizona, I was hired by
Mel, the niece of, this elderly couple both 92 yrs old, he suffered from dementia, and she totally incapacitated. Mel was their conservator. In control of all their assets in Arizona, they had much more in Washington State. After 22 months, out of the blue, the uncle decided he didn't like me and told Mel she had "THREE MONTHS" to replace me, which, to my shock, she did within the week, telling me 'you are not fired, he will forget all about it and you'll be back before you know it', Mel totally disagreed with this action, and repeatedly insisted on paying me for those 3 months, for me to 'treat it as a vacation', She asked if I wanted one lump sum, or weekly checks (weekly would be easier for her) so I agreed to weekly. I received 3 checks, then no more.

Within the first few weeks, Mel asked me to sit with her own elderly mother (at her house) on two different occasions, and when I showed up ready for work, she reneged and sent me home.

The uncle for some reason took a collectors key-ring, I had brought over to show them, and threw it, the niece after a complete search, said don't worry I'll replace it, when I told her it is non-replaceable, she said SHE would pay "price" for it, I told her thats over $300.. and she said ok. let her know how much.

Now a year later, after sending Mel letters concerning the rest of my promised pay, and her telling me, don't worry, she just forgot, she'd mail it to me.

The couple died last October, and I again
sent Mel a letter asking for the rest of my money, and reimbursement, without an answer for months, I received a court paper from her lawyer saying:

1.Your claim against the above estate in the amount of $ 2446.99 has been disallowed in full.

2. Your claim will be barred unless you file a petition for allowance or commence a proceeding against the Personal Rep. within sixty days of the date of this notice". dated 4-13-05,

I received this on 5/20/05 giving me a very short time.

Should I pursue this matter, since Mel kept me hanging, I told her she owed me for the 3 months minus 3 payments, and for 2 shifts I showed up for, and the collectors item, and a few misc. things I purchased for the couples home. All of this was a verbal contract, though I did follow-up by sending Mel an email of what we had agreed upon, and one of my co-workers was also informed by Mel of her intention.

What would be the best route to go, file a petition for allowance, or commence a proceeding against the niece, or both, because I'm owed from both accounts.

What to do in such a short time??? I am very busy with 2 more patients. What will happen next?

I have less than 2 weeks !

Any help would be appreciated, Mel really kept me hanging with her promises.

Thanks, J.P.
Only you can decide if the money is worth the time and trouble and expense to fight for it.
 

Dandy Don

Senior Member
Of course you deserve compensation for your work. Is there anyone else, if necessary, who could vouch for you to confirm that you actually did this work?

A verbal contract means nothing--so let this be a lesson for the future--do not do work unless you get a signed agreement. If you had had one here, it would be a cinch for you to get payment from the estate--now it's going to be a bit harder but not impossible for you to get paid since the PR could claim that no one signed an agreement for this work to be done.

Get an attorney to file your claim now!

DANDY DON IN OKLAHOMA ([email protected])
 

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