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pierwalker · Jun 3, 2012, 09:46 PM

My brother, 4 days after my mother's passing says he should be paid $25,000 for 4 years for looking after his mother. He claims he saved the estate that amount for keeping her out of a nursing home.
No one asked him to do this. He is an unemployed bi-polar adult and has not worked since age 49 when he was fired. He claims his mother would want him to be paid. She paid for all the food of which he ate 75%. He made some evening meals.
It cost the estate $15,000 to restore the property for sale.

cdad · Jun 4, 2012, 12:55 PM

Is he a certified RN? How much did he pay in rent? Were there ongoing billing issues? If none of that applies then he doesn't have much to stand on if there were nothing in writing.

AK lawyer · Jun 4, 2012, 01:03 PM

Your title asks something about a lien. Unless your state has as statute permitting the filing of involuntary liens of this nature (extremely doubtful), no, he can't do it.

JudyKayTee · Jun 4, 2012, 01:12 PM

Originally Posted by pierwalker

My brother, 4 days after my mother's passing says he should be paid $25,000 for 4 years for looking after his mother. He claims he saved the estate that amount for keeping her out of a nursing home.
No one asked him to do this. He is an unemployed bi-polar adult and has not worked since age 49 when he was fired. He claims his mother would want him to be paid. She paid for all the food of which he ate 75%. He made some evening meals.
It cost the estate $15,000 to restore the property for sale.

I'm going to go the other way on this one - I volunteer at a Nursing Home. I have a member of my family who is facing this nursing home/no nursing decision.

I would GLADLY pay $25,000 to have someone care for her for four years in HER home. "No one asked him" to do this. Does that mean she didn't ask him? Unless/until someone finds out if there was an agreement to pay the caretaker I would say yes, he can ask for payment.

You are going to argue what percentage of the food each person ate? That's your concern?

$15,000 to fix the house to sell it? He wasn't the only person living there.

He's unemployed (and so are a lot of people) and he's bi-polar. Apparently you didn't think he was too unemployed and bi-polar to care for your mother for four years.

I wonder what your mother would think of this. I know what I think of this.

So - my legal opinion is: yes, he can ask for the money, file a CLAIM against the estate, PROVE there was an agreement (if there was).

AK lawyer · Jun 4, 2012, 01:28 PM

Originally Posted by JudyKayTee

...
$15,000 to fix the house to sell it? He wasn't the only person living there.
...

The OP's comment about the $15K repair bill is a non sequitur. In other words, it's unclear what, if anything that has to do with the question of whether the son should be paid for looking after the mother.

Did this deterioration (if that's what it is) happen during the four years the son was looking after the mother? Was he supposed to fix it and didn't? Is he asking to be compensated for maintenance as well as caring for the mother?

If not, what's the point of sharing this tidbit of info?

JudyKayTee · Jun 4, 2012, 01:39 PM

I think it's to show what a "bad" person the unemployed bi-polar brother who was good enough to care for the mother, uncompensated for four years, is. Same with how much of the food the brother ate.

By the way, you had 2 rolls and I only had one. You ate 66-2/3% of the rolls.

pierwalker · Jun 4, 2012, 10:34 PM

Can a son file a caregiver lien on an estate of his mother?
More info ~
I forgot to supply the fact that my mother didn't require assistance as he claimed or I and my sister would have provided it. My mother would not let him give up his apopartment for she didn't want him staying with her. Mom prepared the meals until he decided to for the last 2 years because she wasn't making what he liked. My sister, who lived in the city looked after all her meds and took her to all doctors appointments shopping etc. When mom fell and broke her hip he called my sister to call the ambulance. When it was decided she was not going to be able to walk again she was placed in long term care.
My brother caused all the deterioration to the property inside and out and the repairs took the selling price from $179,000 to $239,000
Hope this info sheds more light on the subject.

ScottGem · Jun 5, 2012, 03:24 AM

I merged your two threads, Please don't start a new question with follow-up info, just Reply to this thread or use the Quick Answer box.

Your brother can submit a claim to the probate court. The court will then decide the merits of the claim. He can't place a lien on the estate or on the house without a court order.

Houses deteriorate. It not clear if he cause damage or just let the house deteriorate by inaction. It would seem the cost of the repairs were more than compensated by the increase in selling price, so that should be a non factor.

What you aren't telling is whether mom left a will and the terms of that will. Is your brother asking for $25K upfront? Before the estate is divided? What is his share?

pierwalker · Jun 5, 2012, 09:48 AM

He was the cause all fixations. The house was sold after mom broke her hip and was placed in a nursing home. Yes there was a will all is to be divided equally 3 ways.
It helps to know the court will decide on the merit of his claim.
Thank you

ScottGem · Jun 5, 2012, 01:16 PM

Just tell him to make a claim to the probate court, and just let them decide.