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mark903 Asked March 2023

Is there a legal pathway to receive compensation as a caregiver from inheritance if my siblings oppose it?

Llamalover47 Mar 2023
mark903: Retain an elder law attorney if need be.

JoAnn29 Mar 2023
No, IMO.

To get paid you should have had an agreement with Mom in writing, preferably signed by both of you and notarized. Or even on a POA saying you would be paid.

What is in Moms Will cannot be touched. The Executor has to follow thru. You could try to bill the estate like a creditor but I don't think that will work. The other beneficiaries can't give you money because that will cost them taxes. Inheritances don't cause taxes if under a certain amount. My brother inherited Moms house, but ended up not wanting it. He had to legally turn it back to the estate otherwise it would be a gift if he turned it over to me.

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freqflyer Mar 2023
mark903, welcome to the forum. I see from your profile that you are caring for your Mother who has Alzheimer's/Dementia. Prior to you moving in, or your Mom moving in with you, was payment for care discussed? Was there a caregiver's contract put together and signed by your Mom?

If there is no signed caregiver contract, what you can try, this may or may not work, is keep a running log of each day [starting with today], what chores you did, how you helped your Mom, etc. That way, once your Mom does pass, you could try to see if the Probate Court would accept that diary, and would agree to some type of payment. Also, it depends if your Mom has assets in her estate.

You could even talk with an Elder Law Attorney to see what you can do. Each State has different laws.

Mountaingyrl Mar 2023
No, there is not a legal pathway. If you weren't paid for caregiving while they were alive, you can't now claim for it. If you tried to sue them, you will most likely be left with significant legal costs and no additional monies.

Midkid58 Mar 2023
Um, and inheritance is money/goods left by one person to another after they have died. (yes, some people get their inheritances' before a death. But not the dispersal of the estate).

If your client has passed, and you were not mentioned in the will, my best guess is you got just what you were 'left'. And if that's 'nothing', then it's nothing.

AlvaDeer Mar 2023
Inheritance?
So the person has already DIED?
Because you cannot get compensation after someone is gone unless there was a contract that stipulated your pay, and you are still owed money.
It is too late to ask for compensation from someone when they are already dead.
I may be completely misunderstanding you question, so if you can detail it a bit I can perhaps be of more help. I hope so. Meanwhile I wish you good luck.

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