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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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