Can I file for compensation as a caregiver and daughter against my mothers will?

ADDITIONAL INFORMATION:

I was caregiver for my step father when he had terminal cancer for five years, also for my mother during and after that time. This was a twenty four- seven situation which included all aspects of care for them plus taking care of their home inside and out. I had to move in with them as they could not be left alone, putting my entire life on hold for a period of approximately ten years. Now I am sixty years old with no job, no home, and not enough money to get back on my feet. My siblings ,who did not participate in caring for our parents , have equal shares in the estate and cannot understand or don’t care that I will be homeless in a month when I have to be out of our parents house so they can sell it.

ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:

I am sorry for your situation.  This is not an uncommon situation.  One child put his life on hold to care for sick parent and there is not a discussion within the family on how this will impact the caretaker’s finances.  Often the estate plan is not updated because the care alone is overwhelming to the parent.  You may have a claim against the estate if you can prove you had an agreement with your parents that you were to be compensated.  You should speak with a probate attorney.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

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The estate administration attorneys at the Beliveau Law Group provide legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

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