Brother wants compensation for caring for sick mother while living rent free.

[J J]

What is the name of your state? Massachusetts.
Can a live in relative expect compensation for care given to a loved one.
My brother has been taking care of my mother in her house, without paying any room and board. he had been living there free for a year before her illness. He cared for her for a two month period. He is also the executor and continues to live there after her death. Is anything wrong with ths picture?

 

[ALWAYS LIABLE]

What is the name of your state? Massachusetts.
Can a live in relative expect compensation for care given to a loved one.
My brother has been taking care of my mother in her house, without paying any room and board. he had been living there free for a year before her illness. He cared for her for a two month period. He is also the executor and continues to live there after her death. Is anything wrong with ths picture?

My response:

From what fund is this "compensation" coming from?

If it's not in the Will, or not in a contract, then there's no compensation - - it's voluntary.

IAAL

 

[nextwife]

Just so you know: If the family HAD been paying a full-time live-in caregiver to take care of the deceased, the cost would have easilly been $160-325 per DAY and the caregiver DOES get their room and board included at that price. So do consider what that care cost would have been to the estate had he not provided it.

 

[ALWAYS LIABLE]

Just so you know: If the family HAD been paying a full-time live-in caregiver to take care of the deceased, the cost would have easilly been $160-325 per DAY and the caregiver DOES get their room and board included at that price. So do consider what that care cost would have been to the estate had he not provided it.

My response:

Please, now you're talking about "morality."

If there had been "a full-time live-in caregiver to take care of the deceased," there most assuredly would have been a contract. But, in the instant situation, we're talking about a family member. So, in the absence of a bequest in the Will, or a written care contract, the brother gets nothing more than what the Will provides. There is NO automatic "entitlement."

IAAL

 

[nextwife]

I'm just pointing out that the poster naively thinks that brother getting free rent was such a great deal for brother in exchange for being a full time caregiver.

As I am presently dealing with providing care for a terminal parent who desires to stay in their own home, I'm very aware that housing for the caregiver IS automatically covered, as is their food costs, in addition to their daily fee. So, if the family got away with ONLY having brother get free rent, rather than having the care costs come out of mom's assets as they would have otherwise, they did very well.

 

[ALWAYS LIABLE]

I'm just pointing out that the poster naively thinks that brother getting free rent was such a great deal for brother in exchange for being a full time caregiver.

As I am presently dealing with providing care for a terminal parent who desires to stay in their own home, I'm very aware that housing for the caregiver IS automatically covered, as is their food costs, in addition to their daily fee. So, if the family got away with ONLY having brotther get free rent, rather than having the care costs come out of mom's assets as they would have otherwise, they did very well.

My response:

Yeah, okay . . . but, you're still talking about "family morality," not law. I'm sure the writer realizes that his brother was taking care of a family member, and I don't think that the writer has any qualms or questions about it. The difference, here however, is that this was done voluntarily and, from a legal standpoint, the brother has no "entitlement" beyond what the Will or a contract states.

We are all quite acutely aware of family "obligations" - - but, when a family member takes on the role of "caregiver," then that person does so voluntarily. Our writer wants to know if the Estate has a financial obligation to his brother, and like I said, in the absence of some writing to the contrary, the legal answer is a simple "No."

IAAL

 

[rmet4nzkx]

What is the name of your state? Massachusetts.
Can a live in relative expect compensation for care given to a loved one.
My brother has been taking care of my mother in her house, without paying any room and board. he had been living there free for a year before her illness. He cared for her for a two month period. He is also the executor and continues to live there after her death. Is anything wrong with ths picture?

And how much of the time did you provide personal care for your mother? Since he is the executor perhaps he is taking care of the house now until probate is settled, that would be a contract of sorts. Vacant homes can be a big problem.