Estate claims; Caregiver compensation; Presumption of gratuity; In re Lewis; Implied-in-fact contract; Deck labor; Fair Labor Standards Act (FLSA) claim; Waiver; Tolas Oil & Gas Exploration Co v Bach Servs & Mfg, LLC

The court held that the probate court did not abuse its discretion by awarding appellant partial compensation for care services provided to the decedent and denying his separate claim for deck-installation labor. Appellant, one of the decedent’s children and the estate’s personal representative, filed claims against the estate seeking compensation for caregiving and labor on two decks. On appeal, the court first held that the probate court reasonably found an oral compensation agreement for care services, relying on testimony that appellant had quit his job to care for the decedent, that the decedent “wanted him to be paid,” and that another sibling witnessed a discussion about compensation. But the court also held that the agreement’s terms were “murky,” and the presumption of gratuity applied because appellant was related to the decedent. The court rejected appellant’s argument that he should have been compensated for 24-hour care, noting that he lived rent-free in the home, paid no rent or utilities, and was unlikely to have actually worked “16 hours per day.” The 40-hour calculation was reasonable because appellant was essentially “on call” while providing in-home care. The court also rejected his FLSA argument as waived and inapplicable to this estate claim. Finally, the court held that the deck-labor claim was properly denied because the decks were built years before death, appeared unfinished, and if the decedent “‘had wanted to pay him labor for the decks, it would have been paid prior to her death.’” Affirmed.