QUESTION
What are the legal rights for estate for the caregiver?
Asked on Jan 21st, 2013 on Estate Planning - Michigan
More details to this question:
I was caregiver in the home for the past 16 years for mom and dad. Two years I barely have any money, can’t in any way shape or form get a mortgage for $159,000. On Mother's Day, I was assured by three of them that they would do whatever it takes to keep the house now. I am told they can. I just want the home. What can I do?
12 ANSWERS
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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Talk to a probate attorney.
Answered on Apr 05th, 2013 at 4:05 PM
3 Awards
Your question is not clear about who promised what and when. Not sure who the three are versus your parents. Not sure if your parents are alive, competent,etc.
Answered on Apr 05th, 2013 at 4:05 PM
You could make a claim for services rendered in the estate if a probate is filed. Also, you may have a claim for breach of contract arising from the promise to keep you in the house assuming you can prove some consideration ( bargain). In other words, the consideration might be that in exchange for your serving as a caregiver they promised that you would get the house.
Answered on Jan 29th, 2013 at 8:50 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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There are not nearly enough facts given to be able to give you any kind of answer. I assume that your parents have now passed away and the "them" are siblings or children. What is your relationship, if any, besides caregiver? Was there a written caregiver contract? Was there a Will or Trust? You probably need to see a lawyer.
Answered on Jan 28th, 2013 at 9:17 AM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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In Missouri, you need to have something in writing in regard taking care of a relative as a caregiver and getting compensated for it. Otherwise, the understanding is that you did it out of care and compassion and not for compensation.
Answered on Jan 28th, 2013 at 9:16 AM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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Take your share and start over.
Answered on Jan 26th, 2013 at 8:21 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Whatever the will says governs distribution of estate.
Answered on Jan 26th, 2013 at 8:20 AM
Trust Law Attorney serving Hayward, CA
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Law Office of Norman E. Reitz
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A caregiver can file a claim in the estate or against trust assets in quantum meriut.
Answered on Jan 26th, 2013 at 8:20 AM
2 Awards
I don't have enough facts here. If all heirs agree to give you the home, and there's no mortgage, then yes, they can give you the home.
Answered on Jan 25th, 2013 at 8:42 PM
You can consider filing a claim against the estate to attempt to compensated for your services, but that claim may be dubious due to the family relationship. Your best option is to consult with an attorney specializing in estates and probate in the County where your parents lived to assess your situation and to determine if you have any claim.
Answered on Jan 25th, 2013 at 6:46 PM
2 Awards
You should set up a consultation with a lawyer to go over your situation. If the house gets sold it is too late. To determine your options a lot more information is needed.
Answered on Jan 25th, 2013 at 6:36 PM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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Your question is not clear. Are the parents alive or deceased? If they are alive they can add your name to the deed in one of several ways. Need to be careful that this is done correctly so contact an elder law attorney. If they are deceased, you will need to go through Probate to determine the current ownership of the homestead property. Verbal assurances are generally not legally binding.
Answered on Jan 25th, 2013 at 10:06 AM