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kimfos Asked February 2015

Can I sue her estate for compensation?

I have been taking care of my elderly mother for the last 10 years who recently passed away. She had dementia and so was not capable of making legal arrangements to compensate for my taking care of her

gladimhere Feb 2015
Is there a will? You would need to speak with an elder law attorney. All sorts of companies and individuals come out of the woodwork when a person passes. If the estate is going through a probate process there must be a way to place a claim to be paid for care. I have been struggling with receiving payment for three years. Attorney representing POA has successfully delayed the process maybe in hopes that my Mom passes? Who knows and a heck of alot of money was spent in court while sibs tried to fight for no payment. I won, three years worth of payment and I am still caring for my mom.

JessieBelle Feb 2015
You can present your case to the other heirs and hope they agree that you should be compensated. I am sorry that you weren't able to take care of this upfront. Do you think the other heirs would be open to compensate you?

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vegaslady Feb 2015
Are you kidding?

jeannegibbs Feb 2015
I always think a child taking care of a parent should be paid monthly. That makes the distribution after the parent's death more equitable (if there are other children). But that needs to be set up while the caregiving is going on. If there is no contract and no written record that compensation is due, then there isn't much grounds for expecting it after the death.

pamstegma Feb 2015
OH she is gone already. No, you only get what is in the Will.

pamstegma Feb 2015
You go to court and ask for compensation or contact her Guardian if she has one.

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