Can you sue the estate ofa deceased for home medical care provided?

My mother 78 and my stepdad lived together as man and wife for 20 years but never married. There savings account for their old age was only in my stepdad’s name but they both contributed. My mother cared for him for 7 years until he died due to Parkinson’s disease. Neither had a Will and my stepdad’s estranged adult children immediately filed for POA and took the savings. Can she sue the estate for the 7 years of continuous healthcare she provided him because she promised him he would not go into a nursing home? They had a verbal contract and POA for medical decisions.

Asked on March 2, 2012 under Estate Planning, West Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written, there is the possible legal and factual basis for your mother to make a claim to your stepdad's estate for medical care provided over the years. However, under the law, due to the fact that your mother and stepfather lived as though they were married, one ordinarily does not get compensation for assisting a loved one.

I suggest that you consult with a Wills and trust attorney about your situation.

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