[WSBAPT] solvent estate with big creditors claims

[Kate Szurek]

Decedent had dementia, but sufficient assets to remain in her home with
24/7 care.  Her attorney-in-fact hired caregivers, who were initially paid
as independent contractors, but later paid as employees, after AIF was
properly advised by decedent’s CPA.

 

Unfortunately, the caregivers worked massive amount of overtime hours
which the AIF refused to pay them for (and the caregivers didn’t take
action to get the O/T for fear of losing their jobs).  Creditors claims
have now been filed for the overtime hours.  PR believes (and research
confirms) that the O/T is properly due.  PR contacted L&I to let them know
of the problem and that we were working on it.

 

Here’s the problem:  Estate consists of real property which was
specifically left in decedent’s Will to the local land trust, tangible
personal property which was left to the AIF in a separate writing (she
took no fee after working for over 5 years as AIF), and a bank account
which is large enough to pay for the administration of the estate but will
be seriously depleted to next-to-nothing (but still something) if the
creditors claims are paid.  

 

Residuary beneficiaries are charities.  

 

We wrote to the charities telling of our plan to pay the creditors claims
and the resulting depletion of the estate, giving them time to
respond/object.  No response or objection within the time given.  PR wants
to pay the claims.

 

Despite our efforts, I’m still nervous.  Anything else we should have
done?  Would you ask the court for guidance?

 

Thank you, oh wise ones, for your anticipated opinions.

 

Kate

 

 

 

Kate Szurek, J.D., LL.M.

P.O. Box 336 / 227 Freeway Drive, Suite B

Mount Vernon, WA  98273

360.336.1000

360.336.6690 (fax)

 <mailto:kate at skagitlaw.com> kate at skagitlaw.com

 <http://www.skagitlaw.com/> http://www.skagitlaw.com 

 

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