Is there a general time frame to give an estate so that they can pay me back?

[sipet929]

I'm making a claim against an estate by sending an invoice. Is there a general time frame to give them so that they can pay me back? Also if they don't pay by then can I assume that they denied the claim?

 

[Zigner]

I'm making a claim against an estate by sending an invoice. Is there a general time frame to give them so that they can pay me back? Also if they don't pay by then can I assume that they denied the claim?

2 weeks is reasonable I would say, assuming they don't contest it.

 

[sipet929]

2 weeks is reasonable I would say, assuming they don't contest it.

dang thanks for the quick reply! Also can i assume that the claim is denied if they don't pay/respond?

 

[Zigner]

dang thanks for the quick reply! Also can i assume that the claim is denied if they don't pay/respond?

No, there are any number of reasons that might cause them not to respond. If it were me, I'd reach out to them about a week after they get it to make sure there aren't any questions or concerns...

 

[LdiJ]

2 weeks is reasonable I would say, assuming they don't contest it.

I think that I disagree a bit about that Zig. The executor or administrator of an estate has to cover debts/expenses on a priority basis. Therefore, the exec/admin would have to know the entire scope of the estate/expenses/debts before paying anything out. Since it can take months to ascertain all of that information, its quite possible that the OP could have to wait months before receiving any payment.

I would therefore only agree with you if the OP were talking about a very highly solvent estate.

 

[Zigner]

I think that I disagree a bit about that Zig. The executor or administrator of an estate has to cover debts/expenses on a priority basis. Therefore, the exec/admin would have to know the entire scope of the estate/expenses/debts before paying anything out. Since it can take months to ascertain all of that information, its quite possible that the OP could have to wait months before receiving any payment.

I would therefore only agree with you if the OP were talking about a very highly solvent estate.

True - but I'd have to say that 2 weeks is definitely sufficient for the administrator to determine if s/he wants to allow the claim. You are right that the claim might not get paid or might not get paid in full.

 

[zddoodah]

I'm making a claim against an estate by sending an invoice.

A claim/invoice for what?

Is there a general time frame to give them so that they can pay me back?

Who are "them" and "they"? Pay you back for what? In what state is the deceased's estate being administered? Note that, in no state is the deadline to make a claim against an estate only a matter of weeks.

Also if they don't pay by then can I assume that they denied the claim?

Yes. You could also assume many other things.

 

[Litigator22]

I'm making a claim against an estate by sending an invoice. Is there a general time frame to give them so that they can pay me back? Also if they don't pay by then can I assume that they denied the claim?

Its good to be brief and to the point, but if f you want help you must at least provide the name of the state (USA) where the estate of the deceased debtor is being probated or administered. Otherwise there is not help available.

The reason is that each state has their own laws and rules governing the manner and method of giving notice to creditors, the time constraints, a required form of presenting creditors claims, to whom they are to be presented, their priorities, allowance, disallowance, when they are barred, the time periods within which to commenced proceedings to obtain payment of the claim, etc., etc.

If, for example the involved state has adopted the Uniform Probate Code the earliest that a creditor might reasonably expect favorable action on its claim could be as long as five to six months (three weeks publication of notice creditors and four months to present claims). This is not to say that the financial condition of the estate wouldn't permit the personal representative of the estate (PR) to issue payment sooner, OR that the estate is insolvent, but those are unknowns.

Then of course we have no way of knowing whether your claim conformed to rule, was properly documented and timely submitted.
And one mustn't " . . . mingle conjecturers with certainties." (Isaac Newton). *

[*] Of course Sir Isaac was referring to such mundane musings as "the inner (conscious) sensations of one or another color" and nothing as momentous as getting your invoice paid.

 

[sipet929]

Its good to be brief and to the point, but if f you want help you must at least provide the name of the state (USA) where the estate of the deceased debtor is being probated or administered. Otherwise there is not help available.

The reason is that each state has their own laws and rules governing the manner and method of giving notice to creditors, the time constraints, a required form of presenting creditors claims, to whom they are to be presented, their priorities, allowance, disallowance, when they are barred, the time periods within which to commenced proceedings to obtain payment of the claim, etc., etc.

If, for example the involved state has adopted the Uniform Probate Code the earliest that a creditor might reasonably expect favorable action on its claim could be as long as five to six months (three weeks publication of notice creditors and four months to present claims). This is not to say that the financial condition of the estate wouldn't permit the personal representative of the estate (PR) to issue payment sooner, OR that the estate is insolvent, but those are unknowns.

Then of course we have no way of knowing whether your claim conformed to rule, was properly documented and timely submitted.
And one mustn't " . . . mingle conjecturers with certainties." (Isaac Newton). *

[*] Of course Sir Isaac was referring to such mundane musings as "the inner (conscious) sensations of one or another color" and nothing as momentous as getting your invoice paid.

The state is Oregon. And I’m making a claim for unpaid wages. Also I tried following up with the attorney handling this, but they never answer my phone calls or my emails. I reached the assistant one time and that was last month. I actually think they’re just ignoring me.

But I sent them an invoice within last 2 weeks and it was through certified mail.

 

[bcr229]

Were you a bona-fide employee of the deceased's business or were you a contractor?

 

[sipet929]

I guess a bonafide employee. I just wasn’t documented. But I worked 970+ hours. A lot of 10+ hours day working.

 

[LdiJ]

I guess a bonafide employee. I just wasn’t documented. But I worked 970+ hours. A lot of 10+ hours day working.

What do you mean by "I just wasn't documented"? A bonafide employee gets a paycheck, with withholding and a W2 at the end of the year. A contractor gets paid by check or cash, with no withholding and gets a 1099 at the end of the year. Which were you?

 

[Zigner]

What do you mean by "I just wasn't documented"? A bonafide employee gets a paycheck, with withholding and a W2 at the end of the year. A contractor gets paid by check or cash, with no withholding and gets a 1099 at the end of the year. Which were you?

Employers often misclassify employees as "contractors". Just because a person gets a 1099 doesn't mean they are a contractor and not an employee.

For the OP: What was the nature of the work you did?

 

[LdiJ]

Employers often misclassify employees as "contractors". Just because a person gets a 1099 doesn't mean they are a contractor and not an employee.

For the OP: What was the nature of the work you did?

While this is true (as I have stated many, many times), this scenario is a little different since there is an estate involved, and apparently no ongoing entity. Therefore it's important to know exactly what he meant by "undocumented".

 

[Zigner]

While this is true (as I have stated many, many times), this scenario is a little different since there is an estate involved, and apparently no ongoing entity. Therefore it's important to know exactly what he meant by "undocumented".

I agree that a clarification on that term would be nice to have.