QUESTION
Do I have any rights to my step dad's estate if I have been taking care of him?
Asked on Jan 02nd, 2012 on Estate Planning - Texas
More details to this question:
I was a caretaker for my step dad and took him to his doctors, cooked his meals and made sure he got his medications when he was in the hospital. I was there everyday and took him to dialysis. He made his sons promise I would never be made to leave never asked for one thing from them. They gave me 30 days today to get out the house that is still in my step dad's name. His wife died 12 years ago and they haven't settled it and his mother died 8 years ago and they haven't settled that estate! What are my rights?
6 ANSWERS
Donald B. Lawrence
You may be able to claim that you had an enforceable agreement with your step dad for a life estate in the property in exchange for your promise and performance of your promise to provide care for him. It will be difficult and you will need the services of an attorney to pursue the claim. An alternated claim would be that you should be reimbursed for your services to your step dad. Your success on this effort will be closely tied to the extent that you can provide proof of your services and his agreement to provide financial remuneration for your services. Did this information help answer your question(s)? Details and context often affect the validity and usefulness of an answer that is based on a general statement of the law. You may need to consult directly with an attorney and provide additional information in order to get the best answer.
Answered on Jan 10th, 2012 at 8:54 AM
Glen Edward Ashman
Unfortunately, unless he wrote a will, you have no right to his estate. If he had wanted you to get something, he would have written you into a will. In not doing so, he made a clear statement that he did not appreciate your help enough to reward you, and what he said was simply meaningless. With no will, a stepchild has no rights at all.
Answered on Jan 08th, 2012 at 9:59 AM
If all of the promises made to you were verbal there may not be much that can be done about them. However, you should consult an attorney about the compensation that may be due you as caregiver.
Answered on Jan 07th, 2012 at 11:42 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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See an attorney; from what you describe, if step-dad left no will you may have no rights. You may be able to establish an agreement for the care, but this needs the assistance of an attorney and you need to do it right away.
Answered on Jan 06th, 2012 at 4:08 PM
3 Awards
It sounds as if you are limited to filing a creditor's claim for the value of the services you provided. The estate can require that you leave. In most states the oral promise is not enforceable, unless you can show detrimental reliance or use other valid theory. I suggest you speak with an attorney about the specifics of the promises, etc. We offer a one hour consultation with an attorney who will provide you with important information regarding your specific case and will able to advise you on the options that you should consider in determining your next steps for the small investment of $100. This is a significant discount from our billing rates. If the issues presented involve reviewing documents and preparation in advance of the meeting, we charge $300 for a premier consultation, because there is over one hour of review and preparation for the meeting and one hour for the meeting.
Answered on Jan 06th, 2012 at 3:46 PM
Ancillary Probate Attorney serving Dallas, TX
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Burdette & Rice, PLLC
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Claims against an estate for family caregivers can be challenging to deal with, since there is rarely any sort of a formal agreement like you might find in any other creditor/debtor relationship. However, you may certainly have such a claim for reimbursement and you should seek the aid of a local probate attorney to assist you. With regard to the division of your step-father's estate, and whether or not you might be entitled to some part of it as an heir, the answer depends upon several facts that you don't really develop through your question. Again, a probate attorney can help you begin to sort through the issues and it sounds like there are many of them.
Answered on Jan 06th, 2012 at 3:03 PM