Legal Question in Wills and Trusts in New York

Compensation for Mothers care

My mother-in- law lives with us and requires 24/7 care as she is 92 and suffers from dementia. It prevents my wife from working and we can't afford nursing care without selling the property she ownes.

Will we be able to file a claim against the estate for her care when the time comes?

And if we can how is the value determined?


Asked on 4/13/08, 5:17 pm

1 Answer from Attorneys

jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: Compensation for Mothers care

you have hit the problem head on. How do you determine what the value of services provided to a relative.

Itis a difficut situation when parents age.

Perhaps if you sell the property that your mother owns, you can spend down the proceeds in accordance with social security law, so that your services can be reimbursed when she is alive.

If she is put in a nursing home, most, if not all of the proceeds will be attached to pay for her care.

While she is outside the nursing home you have much more flexability.

Your wife can be paid now.

Seek the services of a lawyer. If you would like to retain this office, we can go into greater detail with more facts, so that I can better direct you.

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Answered on 4/15/08, 11:04 am


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