Charging parents estate for taking care of them

[suew5508]

I have taken total care of my dad since mom passed away March 15, 2008, He is blind, end stage renal disease, dialysis 3 times a week, and has many other health problems. I moved in his house to care for him since my brother and sister will have nothing to do for him. He titled over the mobile home to me back in May stating that this was something he and mom wanted to do. He has left them things as well-My sister got the car, my brother gets some antiques, His will (made back in 1987) states that any money left will be divided between the 3 of us kids. Since they haven't helped care for him or even been by to see him since mom passes away, is there a charge I can charge his estate when he passes for my time of caring for him and the personal money spent for him. I just don't feel my siblings are deserving of any of his estate since they haven't visited or tried to help with him at all. My dad is now 85 and I am 55 and am disabled myself. I am his Power of Attorney as well as his executor of his will.

 

[Duranie]

Probate law may allow you some sort of reasonable compensation but you need to see an attorney. The siblings may still be entitled to some of his estae and if you do not divide it legally they can sue you for it. See a probate attorney.

 

[suew5508]

I understand that they each will still get their portion of the estate. I am not wanting to stop that, but since they neither one have offered to visit him nor have they offered to help with him at all, I have been told that I can charge for services rendered by my taking care of him 24/7 since March. I didn't do this to get his money, I did it out of love for him and my mother, but since those two are still going to get money and they haven't done the first thing for him or come see him, I feel I should get a little bit more than they do.

 

[dee_dub]

In Canada, it's called a claim for quantum meruit - "what you deserve". Not sure what the equivalent is in the US. But yes, you may be able to get some compensation for the services you are performing for your father. Calculate what you think is owed based on a fair hourly wage, and submit a bill to the estate. This will be a debt owing by the estate to you, payable before the estate is divided up. Your siblings might contest this - you should make it clear to them well in advance that you expect to be remunerated. I echo Duranie's advice to see an estates attorney.