Legal Question in Family Law in Massachusetts
A Sick Mother
While Clara was sick, her daughter Janie helped her in many ways. Clara died, nd Janie then clamied that she was entitled to be paid for the services she had rendered her mother. This claim was opposed by 3 brothers and sisters who also rendered services to the mother. They claimed that Janie was barred because of the presumption that services rendered between family members and gratutions. Janie claimed that this presumption was not applicable because she had not lived with her mother but had her own house. Was Janie correct?
1 Answer from Attorneys
Re: A Sick Mother
There are several issues. Was there some understanding or agreement between the daughter and the mother that she could present verifying her claim that she was entitled to payment. Would that claim stand up or support an action in court. How much is she seeking.
On the surface, a daughter tending to her mother's care, unless it is extraordinary, suggests the care that a family member would render another. Whether the daughter lived with her mother or not only goes to the analysis of the situation. It is not determinative of whether compensation should be allowed.
Given the little that you described, I would tend to agree that Janie may not have earned compensation. However, to be surer, more information is required to complete the analysis. These situations are never black and white. Each side has a position supported by their argument that is the basis for their demands.
Depending on how much money is at stake, I would urge you to contact a lawyer, or contact my office and we can discuss this matter.
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