What is the status of caregivers in regard to being a beneficiary in my Will?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is the status of caregivers in regard to being a beneficiary in my Will?

My caregiver is not a relative. Is it true that he can get nothing from my estate because of that? I had my Will all ready and it included gifts to him, however then I read this legal manual and it said I could only bequeath a caregiver if they are related to me.

Asked on September 17, 2018 under Estate Planning, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you can leave assets to a non-related caregiver--you can leave assets to *anyone* you choose. It is true that it is often easier for disgruntled relatives, who think they should have received more, to challenge bequests to a caregiver on the grounds that the caregiver used his/her position of influence to essentially override your will (your intentions or desires) and cause you to leave them something, but if a challenge is made, the court will look at the circumstances. E.g. leaving someone who cared for you for 10 days $10,000 or $20,000--not likely to be seen as the produce of "undue influence" or "duress." Leaving someone who was with you for a year or less $100,000--could easily be seen as the result of coercion of one kind or another. Try to be reasonable in what you leave; and you can include a factual receitatal in the will to bolster and explain it (e.g. "John Doe has been my live-in caregiver for the last five years and he took care of me when I could not take care of myself. For that I reason, I leave him....")


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption