Recieved money from client's will but caregiving company doesn't agree. What do I do?

Well, wills are public documents, and a copy probably should be given to your company despite the other beneficiaries objections. They probably have policies against gifting to caregivers that are meant to protect them and everyone else from accusations. Maybe if you do this and it is clear that the intent was never to enrich yourself, and you agree that it will be in a separate account for the dog and share that with your company, they could see fit to make an exception.

You have placed the agency in jeopardy of losing their license due to conflict of interest. Take the dog but not the money. You could end up in jail for undue influence and lose your professional certification and be blacklisted. Let it go.

Hi, Thank you for all the answers.. I have called a lawyer and will speak with him tomorrow.. I have not gave my boss the will, surely she knows she can get a copy herself.. Honestly I think she wants to be the one to distribute the money as the dog needs it... Will she do it for free?? No she won't.. The POA the person she left in charge of the will asked me if I wanted the dog, I said "well sure what a honor I love him." I called my job first to ask if I could have him they said "yes".. I saw her family at the funeral they all live in a different state. They all hugged meand told me thank you. I told them I had the dog they all said good. I made sure no one was even slightly upset that I had him. I'm just going to put my 2 weeks in at said place.. Not because of money but because of how unprofessional the owner has been. I'm keeping in contact with the POA the one in charge of her will.. No one is very happy with the owner. I haven't done anything wrong this was a complete shock to me.. It's really made me feel ill maybe I can donate the cash..

I wanted to add the dog is doing very well. He's 11 though, he's been seen by the vet. He has his tags renewed his vaccine, heart guard and frontline. He was put on 2 meds for his pain but he doesn't seem to need them so far. He lays by me whenever I am home. Sleeps with me and follows me around just like he use to do with his mom.

That's so good to hear about the dog. You need to keep the money: it was left for his care, which will be better if you don't have worries about paying for it as he gets older.

Just so you're clear, POA ended when the dog's mom - so to speak - died; then, I assume, the same person who held POA took over as her executor. I don't think the question of undue influence can arise, because the request for you to take ownership didn't even arise until after the death of the person you were caring for - you could not possibly have engineered the bequest. I hope you have a happy time to look forward to with your new best friend! - and good luck, I'm sure you'll have no trouble finding a better agency.

Keep us updated! Best wishes.

If the other heirs named in the will are not challenging this, I don't see any problem. There must be an attorney involved with the estate settlement if there is a significant amount of money. Maybe you could speak to the attorney and ask for his advise about how to handle this. If it is a small amount of money like a couple of thousand dollars, I doubt if anyone would go to the expense and trouble to challenge it. People leave money for the care of their pets all the time. If I understand correctly, the 5% was not left specifically to you by name, but was to go to whomever assumed care of the dog. You were asked after she passed away if you would take the dog, obviously not by your client. In my opinion, you are being reimbursed for the care of the dog which has nothing to do with your employer or any influence you had on your client. Her family or whoever is settling her estate probably thought that the dog would do well with you, and your client would have been pleased that you would be caring for her pet. Your client wanted to provide for her loved pet, and didn't want the pet to be a burden on whoever agreed to its care.

If your company fires you over this, get a good labor law attorney. Also, good caregivers are hard to find, and you sound like a loving, caring person. You will be able to find another job.

In terms of the legacy left to you, as the dog's newly-appointed owner, your employer can butt out. The will probably states clearly that the owner and guardian of the dog (i.e. you) gets the money for the dog's care. It's got nothing at all to do with your employer.

In terms of seeing the will, your employer has as much right as anybody else to see it - it's now a public document - and can't be prevented from doing so. She can apply to the court for sight of it, if she likes. Good! Then she'll see for herself that you - you in person, not you as an agent of your employer - were left that money fair and square.

Just one question: who, exactly, asked you if you wanted to keep the dog? I'm really, really hoping it was this kind lady's executor. But in any case, if the will has been through probate, and you've already been given the money, you go right ahead and open a new account with it. You're in the clear.

I don't like the way your employer has dealt with you - it's completely out of proportion for her to have been so aggressive about this - so I agree that you would probably do best to move on and ask the family for references. Having said that, I'm now going to try to see it from your employer's point of view.

Now, she's running an agency that supplies home care givers to help vulnerable people continue to live in their own homes; and reputation means everything in that business. In your case, she's done her job so well that she found the family a carer who was loved and trusted by them, and loved her client back. Great. But if you look at it from the angle of her agency's reputation, and if "people" - busybodies, gossips, you know the type - start spreading the word that "so-and-so was left money," and the amount you were left mysteriously grows in the rumour, and everyone forgets about the dog… well, it could start to smell a bit fishy. EVEN THOUGH YOU'VE DONE NOTHING WRONG AT ALL. So, my charitable version is that she's thinking she can say: "Look how ethical we are! Our late client left money for the care of her pet. We even continue to safeguard the money, and the pet is now happy living with one of our marvellous caregivers…"

The cynical version would say that she'd charge a fee for this service, or plain walk off with the cash in the form of 'commission' or some such thing. But I really doubt that. I think she's trying to be squeaky clean, and needs to calm down about it.

Here's what I'd do. I'd ask your late client's executor (the name will be on the will and the court documents) to write to your employer, as a personal favour to you, and spell out all of the relevant details; and tell your employer you have asked for the information to be sent to her. And that's all I'd do. If she continues to badger you about seeing your copies, tell her you've been told they are confidential documents and you are not allowed to circulate them. (You have been told that, it's true. Only by me, but she doesn't need to know that part. Also, it probably is true for some of the correspondence - check what it says on the letters.)

Cuddle the dog, enjoy your happy memories of caring for that nice lady, and don't let your employer bully you. People don't place their late mothers' beloved pets in the hands of those who can't be trusted. Bless you.

One other thought: do you have a contract of employment with this agency? If so, does it contain a clause about bequests, legacies, gifts from clients, or anything like that? To be on the safe side, check what it says. If anything about it worries you, show that to the executor too.

Your job has no right to anything in that clients will. I would start looking for a new company to work for.

I am a dog lover......some breeds of dogs do not do well when owners change.This dog already knows and has bonded with you. Care of dogs requires much attention,2- 3 walks/day, proper food and medical care. Find out much about this particular breed. If you can do what it takes to care for this dog....it sounds like a win-win situation.
If the agency you work for never had you sign for receiving their policy, if they even have one, they don't have a leg to stand on. I totally agree with AKdaughter. The 5% of estate was to be given to whomever has the dog. And I hope it is enough for whatever you need to care for the dog. Sure hope you don't have a dog custody battle on your hands! Someone suggested a site called AVVO. It is a site where lawyers give free advice. I have already used it with good results.