This estate involves only my brother and myself. ( 2 years and 2 months I couldn't work to take care of our mother). I made a verbal request for caregiver wages well before the 6 month time limit and my brother "countered" my request with a lower number - (he did so through our cousin as he won't initiate any conversation to me directly). I went to his home, face to face, asked for a fairer number and he said to let him think on it. When we went to Court, he pulled KRS 396.011 on me and I was not allowed to collect any of the care giver wages. He is an attorney and knew the time was running out - I did not. Even if I had, I would have assumed that by making a counter-offer, he was acknowledging an indebtedness and the fact that it was made in a timely manner.
Your claim against the estate (request for caregiver wages) must have been made in writing to be effective. KRS 396.015 requires that a written statement be delivered to the personal representative of the estate or to the clerk of courts.
You should contact an experienced probate attorney in your area to determine if there are any other way you can recover caregiver wages.
Disclaimer: This answer is informational and shall not be relied upon as legal advice. I am not your attorney, and you should contact an attorney licensed in your state for more information.
While the statute requires written claims be presented within 6 months there may be other grounds for recovery, if not against the estate, maybe even against the Executor. Would need more information. For instance was mother competent while you were taking care of her, or suffering a mental disability? Did she actually hire you under an oral or written contract? Was there any other kind of agreement or understanding in place between you and her or you, her and your brother, etc.
You should contact a probate attorney in your area. You can use the "Find a Lawyer" link above to do so.
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