Legal Question in Wills and Trusts in Wisconsin
Living Trust as compensation for caregiving services
Hello, my question is actually two-fold. I am currently my grandmother's caregiver and have been for 2.5 years, I am also living in her home to take care of her at night. She transferred her home to me using a Life Estate Trust over 2 years ago. The document was written up by an attorney, signed by myself and her, and is now on file with the state (taxes, etc, come to both of our names).
Recently, my family has become greedy and are not wanting me to keep the home, even as compensation for the years I've taken care of her. My questions are: 1. Can she take the home away from me? 2. If she does take away the home, do I have legal recourse to get paid some compensation for the time I've taken care of her? There is no written contract stating that the home was for my caregiving services so I don't know what I can do here. Worse case scenario I have to leave the home, the home is transferred back to her, and I get no monetary compensation for my work. Please let me know what you think. Thanks!
1 Answer from Attorneys
Re: Living Trust as compensation for caregiving services
Absent a written agreement to care for a loved one,
there would typically be no way to recover for the
value of such care. Your grandmother's decision to
transfer the property to you in some fashion should
be scrutinized to determine whether it was a gift,
and if so, whether gift tax returns were filed. The
underlying transfer documents should be reviewed, as
well, as should the attorney's file to see if he has
notes as to why this transfer occurred. Her authorization
would be required to see the attorney's file, and
she may not provide it. These situations often give
rise to undue influence upon the grantor of property.
Any time someone in you grandmother's condition
transfers anything, she should have an attorney
advising her.
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