Elder Law Answers
Can Medicaid Force the Sale of a Car That Is in My Father's Name Even Though I Make the Payments?
My father was placed in a nursing home six weeks ago and he will be applying for Medicaid. He has two cars: a truck that i...
Read moreHow Do I Get Reimbursed from My Father's Estate for Care I Provided Before He Died?
- November 18th, 2015
Q
My father recently died, and my sister is executor of his estate. An attorney is in charge of the probate and waiting for all bills to come in before settling the estate. I cared for my father for the past two years without help from anyone else in my family. Because of my help, my dad was able to remain in his home as he wished. I advised my family that I wanted to be reimbursed for my help and time off work after my father died, but now my family and the attorney will not talk to me about this. I intend to submit a bill for the care I gave to him. Do I need to have an attorney to assist me with this? Is there a certain acceptable way to bill for my care?
A
You are in an unfortunate situation, which is not that unusual. Family members often provide assistance without nailing down how much compensation is due, if any. You very well may have a claim against the estate. Given that your family and the probate attorney are not forthcoming, we would recommend that you do retain an attorney to represent you. In all likelihood, given the size of your father’s estate, you will not get everything you are due, but without an attorney it sounds like you might get nothing. To find an attorney near you, go here: http://www.elderlawanswers.com/elder-law-attorneys.
For information about putting caregiving agreements in writing, click here.
Local Elder Law Attorneys in Ashburn, VA
Jeffrey Hammond
Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
Bethesda, MD
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Judith Mitnick
Needham Mitnick & Pollack, PLC
Judith Mtinick is well known for acting as a guardian, conservator, trustee or agent on behalf of clients or by court appointment. This experience gives her a wide perspective and extensive practical knowledge that she uses when advising clients in drafting their planning documents. Her experience, as a court appointed...
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Jeffrey Hammond
Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
For Jeffrey Hammond, the practice of Elder Law is personal. Jeff’s many years of experience in law and in business did not prepare him for the crisis he faced in 2005 and 2006 when his father suffered a stroke and both of his parents suffered from dementia and other medical problems. At that time, Jeff began an i...
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Meet Margaret O'Reilly
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Margaret O'Reilly
Margaret A. O'Reilly, PC
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
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