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Can I file a claim for caregiver fees on an Estate?

Jamaica, NY |
Filed under: Elder law

I was the sole caregiver to my fiancé who I only found out when he was diagnosed with terminal cancer that he was married with 8 kids by 2 different mothers, we have been together for 13 yrs. I took an absence of leave the last 6 months of his life, he was home hospice and I were is day and night nurse, since he refused to have the nurses bathe ,clean him or even changed his diapers and dressings. I lost my health insurance due to my absence and even lost my job. Please advised.

Attorney Answers 3


In order to have a successful claim against the estate you will probably need to have had a written care agreement in place, otherwise the heirs can claim you acted out of love and affection. You need to make an appointment and consult with a probate attorney.

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I agree with Attorney Davis. You need proof that you had an agreement for caregiver services in order to have a valid claim against the estate.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

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5 lawyers agree


I agree with Attorneys Davis and Reed and recommend that you consult with a local probate attorney.

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3 lawyers agree

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