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I was a care giver for a man with no will and owed me 50k,kids did not file probate but knew he owed me the money,what do l do.?

Palm Springs, CA |
Filed under: Estate planning Probate

I was the care taker for a gentelman he passed away ,but he still owed me more then 50,000.00 dollars he had no will,trust or any thing like that he did have two kids who knew i was working for him and knew of the moneythat he did owe me,and was going to sell some of his collectable idemsthat he had well wort double the amount or more then what he owed me befor he passed away,his kids have not opened probate ,not sure on what to do aboutcollecting money ,the kids said they would make sure i was taken care of ,l have heard from them twice once for my address and the outher was to tell me that they got a locksmith to drill out the lick to the storage unit that had some of there dadd things in it,storage was in my name,would appreciate any help on what to do.

Attorney Answers 4


I agree with my colleagues. In addition to retaining counsel, you should put together any agreements you had with the decedent, as well as time logs and proof of the amount owed to you. If he made previous payments, get copies of the checks to prove your services were compensated for. Good luck.

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You should contact a probate attorney. You have 1 year from the date of death to file a creditor's claim. As a creditor, you can seek to open a probate to file your claim. As to your storage, they have no right to drill your lock. If any of you property is missing, you should file a police report. That said, why was his property in your storage?

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Attorney Shultz is correct. It is vital that you retain California counsel as soon as possible to try and collect the funds. Good luck to you.

This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.

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File a creditor claim and then file a petition to probate his estate. Hire a competent probate attorney to assist you in this.

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