M Civ JI 176.02 Claim for Services Rendered

You are to determine if the claimant has a valid claim against the estate of [ name of decedent ] for services performed. The claimant has the burden of proving:

(a) that [ he / she ] performed services beneficial to [ name of decedent ] or at the request of [ name of decedent ], and

(b) that [ he / she ] performed these services expecting to be paid, and

(c) that [ name of decedent ] accepted the benefits of these services expecting to pay the claimant.

*([ If you find that / Since ] the claimant and [ name of decedent ] were related by [ blood / marriage ], you may infer that neither the claimant nor [ name of decedent ] expected payment to be made for the services. However, you should weigh all of the evidence in determining whether the claimant and [ name of decedent ] expected payment to be made.)

†A. If you find that the claimant has proved [ his / her ] claim, then you must determine the reasonable value of the services. The claimant has the burden of proving the reasonable value of the services.

‡B. If you find that the claimant has proved [ his / her ] claim, then you must determine whether [ name of decedent ] intended to have the claimant paid after death from [ his / her ] estate. If you determine that [ name of decedent ] did intend to have the claimant paid after death, then you must determine the reasonable value of the claimant’s services. The claimant has the burden of proving that [ name of decedent ] intended to have the claimant paid after death and the burden of proving the reasonable value of the services. If you determine that [ name of decedent ] did not intend to have the claimant paid after death out of [ his / her ] estate, then you must determine what services the claimant performed between [ date 6 years prior to death ] and [ date of death ], and then determine the reasonable value of the services performed during that period.

Note on Use

*If the claimant and the decedent are related by blood or marriage, or if this is an issue in the case, this paragraph should be used.

†Paragraph A is to be used in cases where it is not disputed that the services were wholly performed within six years preceding the decedent’s death or where it is not disputed that the decedent intended to have the claimant paid after death out of his or her estate.

‡Paragraph B is to be used in all other cases.

Comment

For cases on the inference of services rendered gratuitously when blood relations are involved, see Pupaza v Laity, 268 Mich 250, 252; 256 NW 328 (1934); In re Jorgenson’s Estate, 321 Mich 594, 598; 32 NW2d 902 (1948). See also Widmayer v Leonard, 422 Mich 280; 373 NW2d 538 (1985).

For the elements of a claim, see In re Wigent’s Estate, 189 Mich 507, 512; 155 NW 577 (1915); In re Pierson’s Estate, 282 Mich 411, 415; 276 NW 498 (1937); In re Estate of Donley, 3 Mich App 458, 461; 142 NW2d 898 (1966).

Regarding reasonable value, see In re Parks’ Estate, 326 Mich 169, 174; 39 NW2d 925 (1949); In re Mazurkiewicz’s Estate, 328 Mich 120, 124; 43 NW2d 86 (1950).

Regarding the limitation on period of recovery, see Pupaza v Laity, 268 Mich at 253–254; 256 NW at 329; Lafrinere v Campbell’s Estate, 343 Mich 639, 644; 73 NW2d 295 (1955).

History

M Civ JI 176.02 was added February 1987.​ Amended January 2020.