Other Debt Collecting a debt from a family estate

[SHMN]

Jurisdiction

Michigan

I have 2 1/2 years of uncollected bills for 24/7 care of my 2 elderly parents (both in their 90's). I have had issues with family members who want to invalidate these bills. Both parents are recently deceased and the trust accounts of the estate hold more than enough proceeds to pay me for these services. There are also family members who will validate my claim. I need a legal agent who can submit these bills for me to the executor of the estate.

 

[army judge]

I have 2 1/2 years of uncollected bills for 24/7 care of my 2 elderly parents (both in their 90's). I have had issues with family members who want to invalidate these bills. Both parents are recently deceased and the trust accounts of the estate hold more than enough proceeds to pay me for these services. There are also family members who will validate my claim. I need a legal agent who can submit these bills for me to the executor of the estate.

Your kindness by paying for any services your parents required before their deaths was most compassionate.

Please accept my condolences for your losses.

What you consider bills the estate will most likely consider gifts.

As far as validation of your claim, that's for a court to determine.

Your witnesses can testify to what they observed, but only a court can use such testimony to rule if your kindness amounted to a debt owed to you by your parents, which has now become their estate.

I wish you well, but I wouldn't count on ever receiving a dime of your money expended to be reimbursed.

 

[Michael Wechsler]

My condolences as well. Unfortunately while there is a possibility that you could have your bills paid by the estate, I'd have to agree with @army judge that the chances are not good. In general, unless there is an indication of money changing hands that reflects a loan or other contractual agreement, such payments will be deemed gifts. The first question a judge would be inclined to ask is "why did you wait over 2 years to be paid on any of these bills if you were really intended to be reimbursed?" And that would be an excellent question. Unless there is a written agreement or some indication that most bills were paid but these are a few that were outstanding, you'll have a hard time overcoming the presumption that your payments were anything but a gift. One of the most common indications that a payment to another was a loan and a gift is the presence of a specific due date. Since you have none, you've got a very high hill to climb. Again, my sincerest condolences for your loss and, while it's worth a try, you should try to collect as much evidence as you can of a loan and set your expectations.