Getting Paid for Caregiving from a Decedent's Estate

Many Floridians devote years of their lives caring for aging parents, relatives, friends, or companions. Often, the caregiver provides transportation, meal preparation, financial assistance, or even round-the-clock care. Unfortunately, recovery of funds by the caregiver from the decedent's estate may be difficult.

Florida law does allow a caregiver to recover compensation in certain circumstances. However, such claims are closely scrutinized, particularly when the caregiver is a family member or held a position of trust with the decedent.

Written Caregiver Agreements Are Strongest

The most reliable way for a caregiver to secure compensation is through a written agreement signed while the decedent had capacity.

A properly drafted personal services contract can specify:

• The services to be provided;
• The rate of compensation;
• When payment will be made;
• Whether payment is deferred until death; and
• Whether the obligation is intended to bind the decedent's estate or trust.

When a valid written contract exists, Florida courts generally enforce the agreement according to its terms. However, many caregivers never obtain a written contract. In those situations, recovery may still be possible under equitable theories.

Claims Based Upon Quantum Meruit

Florida recognizes claims for quantum meruit, which is essentially compensation for the reasonable value of services rendered under circumstances indicating that both parties understood payment would be made. Florida courts have explained that recovery may be available where services were provided under circumstances showing an expectation of compensation rather than a gratuitous arrangement. See Tipper v. Great Lakes Chemical Co., 281 So. 2d 10 (Fla. 1973).

To prevail, the caregiver generally must establish:

• The decedent accepted the services;
• The decedent knew the caregiver expected compensation;
• The services provided a benefit to the decedent; and
• The reasonable value of those services.

The measure of damages is generally the reasonable market value of the services rendered.

Claims Based Upon Unjust Enrichment

A caregiver may alternatively pursue a claim for unjust enrichment.

Under Florida law, unjust enrichment generally requires proof that:

1. The caregiver conferred a benefit upon the decedent;
2. The decedent knew of the benefit;
3. The decedent accepted and retained the benefit; and
4. It would be inequitable for the estate to retain the benefit without compensation.

For example, if a caregiver provided years of services that allowed the decedent to avoid expensive assisted living or home health care expenses, a court may conclude that the estate would be unjustly enriched if it retained the value of those services without paying for them.

The Presumption That Family Services Are Gratuitous

One of the biggest obstacles faced by family-member caregivers is the long-standing presumption that services rendered among close family members are often performed out of love, affection, or moral obligation rather than with an expectation of payment.

As a result, a child who cared for a parent, or a sibling who cared for another sibling, typically must present evidence showing that compensation was expected by both parties.

Evidence that may help overcome the presumption includes:

• Statements by the decedent promising payment;
• Evidence that the caregiver gave up employment opportunities;
• Records showing extensive caregiving duties;
• Witness testimony;
• Prior payments made by the decedent;
• Estate planning documents referencing compensation; or
• Written notes, emails, or text messages discussing payment.

The more closely related the caregiver and decedent were, the more important this evidence becomes.

Caregiver Claims Must Follow Probate Creditor Procedures

Even a valid caregiving claim can be lost if probate deadlines are missed.

In Florida, claims against a decedent's estate generally must be filed through the probate proceeding within the time limits established by the Probate Code. Sections 733.702 and 733.710, Florida Statutes, impose strict deadlines that can permanently bar otherwise valid claims.

Typically:

• A creditor must file a statement of claim in the probate proceeding.
• If the claim is objected to, the claimant must timely file an independent action to enforce the claim.
• Claims filed more than 2 years after the date of death are generally barred.

Because these deadlines are unforgiving, caregivers should consult counsel promptly after learning of a death.

Strong Evidence for Reimbursement

Caregivers who seek compensation should preserve:

• Calendars and logs of services performed;
• Mileage records;
• Medical appointment records;
• Emails and text messages;
• Photographs;
• Witness statements;
• Banking records;
• Written agreements; and
• Evidence of the fair market value of similar services.

Detailed records often make the difference between a successful claim and a rejected one.

Getting Compensated by a Trust

Sometimes the decedent's assets pass through a trust rather than probate.

Depending on the circumstances, a caregiver may pursue claims against a trust, particularly where:

• Trust assets received the benefit of the services;
• The trustee has assumed obligations of the decedent;
• The caregiver possesses contractual rights; or
• Equitable remedies are available.

The analysis depends heavily on the trust language and the nature of the claim.

Conclusion

Florida law does not automatically entitle a caregiver to compensation after a loved one's death. However, caregivers who can demonstrate an agreement for payment, an expectation of compensation, or circumstances establishing unjust enrichment may have viable claims against an estate or trust.

The strongest claims are supported by written agreements and detailed records. Conversely, caregivers who wait until after death to raise the issue often face substantial evidentiary challenges, especially when they are family members.

Because probate deadlines are strict and caregiver disputes are frequently fact-intensive, prompt legal advice is often essential to protect the caregiver's rights.