Did you have a caregiver contract with your mother? Are your time and expenses documented?
Who's the Personal Representative of the Estate? How many heirs are there and are any others attempting to get compensation?
Basically, unless you had a contract with your mother to care for her, I don't think you have a legal claim. You can try, but you'll have to provide documentation and support.
Of course, your attorney has the definitive answer, but this lay opinion is that you cannot place a claim for compensation on the estate. That would allow you yo circumvent her will and impute a contract for care where none existed.
Maggie, imputation of a nonexistent contract is an interesting theory. I think it would put her or him in the position of being a creditor of her/his mother's estate.
There is a legal concept that gives rise to legitimate indebtedness based on invoices, but my limited experience with it was that the creditor wanted to sue for nonpayment after providing goods and services documented in the invoices. There was no contract, but there was a legitimate basis for suing for nonpayment. I can't recall the exact legal description of it though.
It would be up to the Executor, who can refuse if there was no written contract. This is a common question. Remember, the Executor is overseen by the probate court and has to document everything.
My hubby was executor of his father's estate. As such, he was entitled to compensation of about $20 per hour. He didn't take it, as there was some pushback from one of h is sibs. So he spent over 100 hours--time off work, etc., for which he was not paid. I remodeled dad's condo and the same rule applied: I was to be compensated $20 for my time. Same thing: sibling was not happy. Said sibling received her 1/3 PLUS all the "decent" stuff dad had, including his 2 yo car, all appliances and furniture. We just decided to keep the peace. It was worth it. Pam is right, it's up to the Executor. Ask yourself, is it worth causing the drama that could last for years? I am a shosh bitter about our situation, but family relationships are more important, in the long haul.
Every family situation is different. Legally, if you had a contract as her caregiver, with X amt being paid per hr... I see no problem. If it was simply you choosing to care for her--then it gets sticky. 3 of my sibs do NOTHING for mother's care. She lives with my brother, and there are some financial benefits for him, as well there should be. Nothing is "written" but all us sibs are in agreement that he certainly deserves any small benefits he gets (Mother could not afford AL of any kind). I know that we are supposed to inherit equally (youngest sis took her "portion" years ago and she's excluded), but there's nothing to inherit. Really depends on so many things and you haven't given a lot of information.
Did you have a caregiver contract with your mother? Are your time and expenses documented?
Who's the Personal Representative of the Estate? How many heirs are there and are any others attempting to get compensation?
Basically, unless you had a contract with your mother to care for her, I don't think you have a legal claim. You can try, but you'll have to provide documentation and support.
There is a legal concept that gives rise to legitimate indebtedness based on invoices, but my limited experience with it was that the creditor wanted to sue for nonpayment after providing goods and services documented in the invoices. There was no contract, but there was a legitimate basis for suing for nonpayment. I can't recall the exact legal description of it though.