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Just asking for a dear friend who has helped a widower.

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Was she being paid for her serves? If so, IMO, she is only entitled to backpay. She would need to submit a bill to the estate.

If she did this for nothing, thats her mistake. She should have had something in writing saying she would be paid such and such. No, she is not entitled to any of the estate if nothing is said in the will. In a perfect world, it would be nice if family gave her something but not everyone thinks that way.
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malina Jun 6, 2019
thank you hun but no she wasnt paid , she did it as a dear friend would help ...so i guess she wont get nothing i get it now ...poor lady offering help for the last couple of years and not be rewarded...All good
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Claim? As of right? No.

But. If your dear friend has been left high and dry financially as a result of having given time and care to this person, it might be worth getting in touch with the deceased person's executors and asking if they would consider offering your friend some assistance in return. Do you know anything about how the estate was left?
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malina Jun 4, 2019
hi countrymouse

as in a right since shes been looking after her for over 2yrs or 3
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No is the sad answer. It is good for others to know that this is the answer if you are doing things without pay. If there was an agreement in writing to be paid, then there is a claim on the estate. It would even be difficult for the inheritors of the estate to leave her something out of the estate. The inheritors will receive, under a certain amount, the estate tax free, but if they attempt to "give away" money after getting it there are gift tax consequences.
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Reply to AlvaDeer
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Simple answer, no, unless it's left in the will. Yet another situation where a contract at the time would be the best solution.
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Reply to MargaretMcKen
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Its sad, but if he had told her he would leave her something, he needed to put it in the will.
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malina Jun 6, 2019
thank you hun
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Absolutely not unless there was a caregiver's contract set up by an eldercare attorney, or a Will.
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malina Jun 6, 2019
thank you hun
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No.
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Reply to RayLinStephens
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Your friend may not be rewarded on Earth, for her good deeds, but she will be rewarded at a much higher level.
If your friend did this for several years, and money was never mentioned or given, then she did this in a loving and genuine way.
Way would you think she would want money now? Just wondering
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Reply to Kathie333
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Aanyone can make a claim for debt against anyone's will. Crazy law but it exists. The burden of proof is on the claimant and it is at the judge's discretion to pay the bill or not.

When the will goes to probate it is advertised in the news paper under legal notices, that allows any and all that have outstanding debts to be able put a request in to the court to get paid.

It is not an easy process but it is the route that would be taken.

She is not entitled to anything if she does not have a caregiver contract, but it could be determined that she has a case for payment of services rendered. As any other legal case it is a 50/50 chance if she has proof of the debt.
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Reply to Isthisrealyreal
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You can make a claim, anyone can but I don't think it will be successful. The decent thing would be for the person who is ill to make a will and provide something for a most valued friend or caretaker. Don't just give it all to family because they are family, especially if they have a lot and did not help much. Failing that, I would hope the family of the deceased has enough decency on their own to give the caretaker something afterwards - but don't count on it. Families can be very selfish.
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