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Waiting for the Caregiver’s Reward

August 30, 2007


The Lesson of Leona’s Dog

Just about every family has a story. Someone took care of Grandpa at the end of his life and then inherited all his money. The story usually describes a scheming caregiver who tricks a confused and gullible elder.

I suppose it sometimes happens, but the reverse situation also happens. That’s the case in which the scheming elder makes all sorts of promises to a caregiver, then leaves behind a will that does something entirely different. Law school courses are filled with cases like this in which disappointed caregivers challenge wills and trusts, usually claiming reliance on an elder’s oral promises. Most such challenges fail.

The point to remember is that there is no necessary connection between eldercare and the terms of an elder’s will. From time to time a high profile case serves to illustrate the simple truth that people are free to dispose of their money and property pretty much as they see fit.

Leona “The Queen of Mean” Helmsley’s will is in the news this week. It turns out that she left nothing to two of her grandchildren “…for reasons which are known to them” but set aside $12 million for the care of her dog Trouble, presumably for reasons which were not known to Trouble. I’ll bet the heirs didn’t see that one coming.

It is human nature, nevertheless, to hold expectations with regard to wills–and there needn’t be a lot of money at stake. My father’s family, for example, was torn to shreds forty years ago over the provisions of my grandfather’s will. This was an estate that was probably worth less than $25,000, but the will managed to upset just about everyone in the family because it was not what anyone had expected. Predictably, the family members who challenged Gramp’s will were unsuccessful.

For the family caregiver, the lesson is clear: think long and hard and then think some more before agreeing to provide care in exchange for a future inheritance.

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There are 2 Responses to “Waiting for the Caregiver’s Reward”

#1 Mary Emma Allen - 31 August, 7:50 AM

Good advice. Inheritances and wills have torn many families apart. Caregiving done for monetary reasons often can be disappointing, when done for love can be rewarding with rich memories.

#2 aspring - 31 August, 10:37 AM

While Leona Helmsley’s case is extreme, and it’s doubtful that any dog needs twelve million dollars to be happy, I am glad that she at least made provisions for her pet. Too often, the reverse is true, and the pet, who faithfully gave companionship to the elder for years, ends up in a shelter because the family members can’t or won’t take over the responsiblity of caring for it. Aside from all the other issues, at least Trouble won’t meet the unpleasant fate that awaits some older animals when their human can’t take care of them due to illness or death.

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