NC: My client passed away in the middle of a remodel job, what are my options?
North Carolina, I got the news that my very good client had passed away but the family wants me to continue the work. My client lived in another state and I was working on his beach vacation house. His Brother called and told me to go ahead and finish the work, not his children. I said I was concerned about that and asked if he was willing to cover the bill if my clients children didn't pay. He said "don't worry, his kids will pay you." I get that they want the work done but I don't feel comfortable working for people I don't know and especially under a contract with a man who has passed away. When I got off the phone with his brother I immediately packed up my tools & gear and put it into my trailer. I cleaned up the job site to a decent livable condition, locked up the house, and left.
I really didn't like the idea of just continuing work as if nothing happened for several reasons. I'm worried about having my tools and trailer on the recently deceased property because Its been my experience that people often steal from the recently deceased. I think before I continue working there needs to be some protocol and acknowledgment from the kids about my agreement with their father and a clear understanding of what is his property before I bring my tools and property onto the site. I'm currently planning to give them about two weeks to grieve and do what they need to do before I reach out to discuss what to do moving forward.
I understand that I have an agreement with the owner to finish the work. I sent him an estimate and he accepted the estimate. Its not a contract in that he signed it or anything but the estimate was sent via email & he sent be back his written consent to start the work. What I would like to do is ask to get paid for the portion of the work and materials completed already, about $4,000 and then enter into a new contract with my former clients kids to finish. That way I can establish their ability and willingness to actually pay before I do another 2 weeks of work I fear I may never get paid for. The last thing I want is to do a months worth of work and then get told. "OK well if you want your money you'll have to sue us in probate."
So is that reasonable or am I only entitled payment if i complete the work in full or something? any advice would be appreciated.