For 7 years we have been 24/7 live in caregivers for a woman who suffered with dementia among other serious psychological issues. From the start we had been promised to be paid but as time went on she changed her story several times . When she cut her own neck and called 911 on me telling them I did it she went to a psychological hospital for 6 months. Then upon her exit her daughter became POA and it became that we were to be paid from her will. We lost Mary just a week ago. There was a reverse annuity mortgage that has a good amount to be paid on it. We get nothing but the utilities cut off and what we believe are lies from the daughter. Can I put a lien on the house to recover some pay? We are stuck here at her house with a foreclosure luming and no means to move. help!
I checked out reverse annuity mortgages, as I wasn't sure how they might be different from ordinary reverse mortgages. They're still paid off completely on death or when the house is otherwise sold.
Unfortunately, I think you're out of luck, unless there are assets that aren't subject to the reverse mortgage, such as furniture, jewels, etc. I don't know about checking accounts, but suspect that an RM holder will go for any assets it can to satisfy the mortgage.
Has the Will been probated? You might want to call the local county clerk's or similar office to find out if it has; you could probably file a claim, but I don't know whether or not you'd get anything. And I'm not sure about the validity of a claim that's probably not documented.
Be aware though that as tenants you have some rights in terms of eviction, so don't let any of the nasty people such as realtors force you out until you've found housing.
As to the daughter, did you make any (a) formal, documented arrangements with her mother, or (b) directly with the daughter?
Sorry, maybe Social Services can help put u someplace temporarily. You will need to find jobs to pay your way. You relied on people that time and time again they have promised and did nothing.
For this woman to have a reversed mortgage, I doubt if she had any money but what she got from SS and any pension she may have had. Even if there is a Will, no money, no will. You don't probate a Will if the estate is gone.
I have no idea and haven't done any research to know if any states consider caregiving to be lienable activity.
Never thought of it this way before, but if someone wanted to, a conclusion could be made that there's some discrimination in not allowing caregivers the same rights to file liens as electricians, plumbers, builders and other tradesmen/women have.
We should have equal rights!
Some states MAY honor oral contracts. Some research could reveal if CA does. I have no idea what would be required to validate or enforce an oral contract; this would definitely be an issue for an attorney, not an elder law attorney but a transactional attorney with a specialty in contract law.
At this point, OP needs a lawyer, something she/he probably can't afford. Unless a lawyer would take this on pro bono.