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Posted on Thursday, July 16th, 2015 by Peter Klenk

From our “Ask a Question” mailbag: During the final months of my dad’s life, I moved him into my house and provided nearly around-the-clock care for him. My sister, who lives nearby, hardly ever showed up. Now that we have filed the will, the estate is divided up equally between my sister and I. She refuses to recognize that I should be repaid for the time and expense that went into those last few months. Can I make a claim for reimbursement?

You can always make a claim as a creditor of the estate and you will get a hearing on the matter. But, if there is nothing in writing from your father about hiring you as a caretaker or about reimbursing you for the time and expense, then the court will likely find that you are not a creditor.

Families provide care for one another free of charge every day, and unless the court can find that your father and you had some agreement for compensation, the court will likely find that your time and expenses were a gift to your father.

If you have any other questions about Probate in New York, feel free to contact our office for a free consultation.

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