Can the cost of a caregiver be deducted provided for in a Will?

My mom is 87 n I am her main caregiver even though I have 1 other sibling. We are

updating her will n in the process my mom wants to make sure I get reimbursed for

the care I alone provide for her. Can this be stated so in her will, my sibling does

nothing to help with situation?

Asked on March 11, 2016 under Estate Planning, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Absolutely: a will can leave any amount or portion of the testator's (person making the will) estate to any person, for any reason not overtly illegal (e.g. a will can't leave money to someone as compensation for a criminal act). Your mother's will can leave you certain physical property as compensation (e.g. a house) or can fix a certain amount of money you should receive. Your mother is advised to put a sum certain or definite amount of money (or property) into the will, rather than having you be paid some amount based on your time or expenses; the reason for that it is that if you have to prove your time or expenses, that adds something which can be challenged by other beneficiaries. So, for example, if she feels that you've provided care for the last 3 years equal to what a $25k/year aid might have done, and anticipates/hopes living another 3 years at least, she might leave you $150k (6x$25k) in the will for that, over and above any other share of the property or estate you'd get.


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