Claim against estate?

[daveh39]

What is the name of your state?What is the name of your state? OH

I operate a small business transporting wheelchair bound people to medical appointments. One of my customers, who lived in a nursing home, died about 3 months ago owing me a debt. Prior to her death, her daughter (who was listed as guarantor by the nursing home, probably POA also) had been setting up all of the appointments for her mother, and I had been sending all of the bills directly to her (daughter). I have sent the daughter numerous past due invoices and have also made 2 collections phone calls to her, but she isn't paying.

Questions: Can I make a claim against the estate of the deceased? If so, how do I do that? Can I legally go after the daughter in small claims court?

Any help is appreciated. Thanks!

 

[Dandy Don]

Do you have a contract with the daughter for your services?

 

[daveh39]

No contract. However, the bill has always been in her name, and she has paid the bills in the past (before her mother died).

 

[seniorjudge]

Q: Can I make a claim against the estate of the deceased?
A: Yes, if an estate has been set up.

Q: If so, how do I do that?
A: If an estate has been opened, send a bill to the court and the executor and put the case number on it.

Q; Can I legally go after the daughter in small claims court?
A: Yes, IF (big word) the daughter agreed to pay for it.

 

[daveh39]

Would the fact that she paid several of the bills prior to her mother's death indicate that she had agreed to pay?

Also, I don't really understand what it means to open an estate. I checked with the county probate court clerk and as of right now no estate has been opened. If I go to probate court, can I open the estate somehow by making my claim?

Sorry I know so little. Thanks for the help.

 

[seniorjudge]

Q: Would the fact that she paid several of the bills prior to her mother's death indicate that she had agreed to pay?
A: No. Only an agreement to pay would indicate that she had agreed to pay.

Q: If I go to probate court, can I open the estate somehow by making my claim?
A: Yes, some states allow a creditor to open an estate. It depends (from your viewpoint) on two things: Does the mother have assets in her name only that can be probated, and how much money are you owed (i.e., would you spend more money than you are owed trying to get the money that was owed).