If my wife and I pay for her mother’s in-home care, can we get reimbursed after her death when my wife and her sister sell her house?

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If my wife and I pay for her mother’s in-home care, can we get reimbursed after her death when my wife and her sister sell her house?

My mother in-law’s doctor said that she does not long to live. She has 2 daughters. The oldest one said she would not help pay for in home care. My mother-in-law has a revocable living Trust. Both daughters are trustees.

Asked on December 11, 2015 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You do not have a right to be reimbursed for her in-home care, unless you had an agreement with your mother that she would reimburse, which agreement would then become a debt of her estate when she passes. Or better, she could put in her will (such as in the form of a amendment to the will) that you should be reimbursed for the cost. Either way, you need something in writing creating an enforceable obligation.


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