Retribution from estate for care provided for deceased companion

Asked over 1 year ago - Sacramento, CA

My companion had terminal cancer and lived with me. I took care of him in every way until the day he died. His family did not help when I asked for help. When I asked for in home care for nights so I could get some rest, it was refused. They also refused to send him to a nursing care facility. My companion had a cancer policy that the executive promised his father as well as to me that I would receive it when the insurance claim was paid for all the care that I provided to my companion. That claim will be paid to the estate so I don't think I will ever see a dime, but can I at least be awarded what in home assistance care would have charged for service if the executive had hired them to come into my home to help me at night?

Additional information

He was my companion for 16 years & I am a woman & i worked for him 14 years. My companion had a will & revocable trust. I was not named as a beneficiary on the cancer policy. I was understanding that the trust or will would not go to probate or be contested.

Attorney answers (4)

  1. Gregory Paul Benton

    Contributor Level 20

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    Answered . You state that your campanion died but you haven't stated if you are a relative. The only way you could establish a claim would be through a creditor claim and the estate would have to be probated. Absent an agreement, a creditor claim would be difficult to prove. You need to speak to a probate attorney as you might be able to file a petition to probate your companion's estate.

  2. Christine James

    Pro

    Contributor Level 20

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    Answered . You are in a very difficult, but not uncommon situation. It would be helpful if you have some evidence of the agreement that the policy would go to you, preferably something in writing. Absent that your only option is to file a creditor's claim against your companion's estate provided probate will be opened. I am sorry for your situation and wish you the best of luck.

  3. Charles Adam Shultz

    Contributor Level 19

    6

    Lawyers agree

    Answered . My condolences.

    You need to meet with a probate attorney and discuss your facts and what claim you would have against the estate, you need to file a creditor's claim within the one year statute of limitations.

    I apologize, but I need to inquire into a personal matter. Were you a same sex couple? If so, were you registered domestic partners?

    Did your companion make any promises of support?

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more
  4. Michael Raymond Daymude

    Contributor Level 20

    6

    Lawyers agree

    Answered . Once an estate has been opened, you need to file a creditors claim. If the claim is accepted, that is all you need to do. If the claim is not timely accepted, i.e., within 30 days, you need to file a lawsuit against the estate.

    There are other deadlines. This pamphlet from the LA County Superior Court may be helpful:
    www.lasuperiorcourt.org/probate/pdf/CreditorsCl....‎

    I would advise consulting with an attorney and having an attorney prepare the creditor's claim for you.

    -- Michael

    Michael R. Daymude, Attorney at Law
    Sherman Oaks Galleria – Comerica Bank Building
    15303 Ventura Boulevard, Suite 900
    Sherman Oaks, CA 91403-3199
    (818) 971-9409
    www.mrdaymude.com

    SINCE 1974. My answers are for general information only. They are not legal advice. My answers assume California... more

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