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

UPDATED: Mar 2, 2012

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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 11 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.

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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