Losing a parent is never easy, especially if their decline is prolonged by illness or injury. In these cases, adult children often step up to assume the role of caregiver. But if caregiving responsibilities are not shared equally among siblings, conflict may arise.
When the parent eventually passes, the caregiving sibling may feel entitled to a larger portion of the parent’s assets as compensation for their time and energy, and the emotional strain they have borne over months or years.
Here are some of the reasons why a caregiving child may be entitled to a greater portion of their parent’s assets:
Joint Bank Account
Parents who need assistance will often name their caregiving child as an owner of a joint bank account to help manage their affairs. If the parent designated the child as having “rights of survivorship” in the account, the assets in the account automatically pass to the named child. Without the “rights of survivorship” designation, other siblings can argue that the caregiver was only given access to the account to assist the parent during life, and that the funds remaining in the account after the parent’s death should be distributed as part of the parent’s probate estate. Learn more.
Mental Incapacity
In many cases where a parent needs a caregiver, they are unable to make daily decisions, let alone decisions about their estate. If estate planning documents are created or changed after the parent loses their ability to make decisions, a child may dispute the will on that ground. Even if the parent and caregiver do not have a written/signed contract, proper verbal agreements may be legally enforceable. In any case, the strength of the caregiver’s claim depends on the facts of their case and the language of the agreement.
No Last Will and Testament
If there is no Last Will and Testament in place upon the parent’s death, the question of compensation for the caregiving child may need to be resolved by the Probate Court. An estate administrator is appointed by the court. The caregiving child would need to build a case for their claim in an estate dispute.
In each of these cases, a knowledgeable attorney can help the caregiver understand their rights, build their case, and represent their interests through either litigation or alternative dispute resolution.
If you are concerned over the distributions of your parent’s assets and are considering disputing their will or estate, call us at 404-892-9797 for a case evaluation.
Gaslowitz Frankel LLC is Georgia’s premier fiduciary litigation law firm. The firm has earned a reputation for excellence across Georgia and the Southeast in providing representation to individuals, executors, trustees, investors, shareholders, and financial institutions in complex fiduciary disputes involving wills, estates, trusts, guardianships, conservatorships, businesses, and securities.
