Can I file a claim against the estate for Caregiver Fees for my deceased step father?

Asked about 5 years ago - Spartanburg, SC

My mother died in January and my step father (which to me was my real father) came to live with me in March. When he arrived he was diagnosed with Lung cancer and died in June. His two "biological" kids in Calif. never came to see him. I was the one to care for him day in, day out. I cooked breakfast, lunch and dinner. Administered medicines, carried him to doctors appts, even cleaning him after bowel movements. I could not work during this time either due to my caring for him. Neither one of his kids ever once came to see him. And because my mother died first, his two kids get 3/4 of the estate and me and my siblings 1/4. There was no will, etc. My question is, can I file a claim against the estate for live-in caregiver fees & what are my chances of being awarded the fees?

Thx

Attorney answers (1)

  1. Steven J. Fromm

    Contributor Level 20

    Answered . These are always tough cases to win. It is especially difficult when there is no will. Also, states have differing rules and case law. You may be well served and worth the money to speak with an estate attorney in your state to get a better idea.

    Hope this helps.

    LEGAL DISCLAIMER
    Mr. Fromm is licensed to practice law in PA. The response herein is not legal advice and does not create an attorney/ client relationship. The response is only in the form of legal education and is intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
    By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.
    Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,688 answers this week

2,850 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,688 answers this week

2,850 attorneys answering