Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

Can I get paid for the care I gave my aunt before her death?

Posted on Tue Oct 20, 2015, on Probate and Estate Administration

From our “Ask a Question” Mailbag: New Jersey Elder Care Reimbursement

Most Recently Updated November, 2023.

“Before she died, my aunt lived with me in Burlington County, New Jersey, for several years. My wife and I took her to the doctor and cared for her when she became bedridden. She died without a will, and all her assets are being divided between my cousins. They never helped with her care. This is not fair. Can I make the estate pay me for my time?”

New Jersey Elder Care Reimbursement

New Jersey Elder Care Reimbursement

Under New Jersey rules, your Aunt could have made a will and given you the entire estate or had a will that said you would receive some of her estate to reflect your work. Because she did not make a will, the New Jersey intestate rule divides her assets between all her children equally. Before the assets are separated, all her creditors must be paid. This includes her funeral expenses and final taxes.

Had she agreed with you and your wife that you would be paid for the care you provided her, you would also be a creditor. From what you described, it sounds like you had no such agreement. Because family members regularly give each other care, this care is considered a gift unless you can prove otherwise. Your cousins could agree to give you more of the estate to reflect your work, but that would be up to them.

A Fix for New Jersey Elder Care Reimbursement.

Had she contacted us, we could have drafted an agreement where she documented an intent to repay you for your time and expense.  An agreement, in writing, can be enforced just like any other debt.  It also can be used to demonstrate the truth to skeptical family members.

More Probate Questions?

New Jersey Elder Care Reimbursement is only part of the overall probate process. There is so much more! If you wish to learn more, please read my more detailed article, The Probate Process All You Need to Know.

In Conclusion: New Jersey Elder Care Reimbursement

I hope that this article was helpful in explaining New Jersey Elder Care Reimbursement.

If this article and the linked data don’t answer your questions, please call us.  Probate is What We Do!  At any given time we may have over 250 probate cases active in New Jersey and in Pennsylvania.  Our goal is to make the process as easy as possible.

Should you retain us, our Probate Lawyers will take you through the entire process. Or, if you only need a little help, we can assist with the one or two tasks with which you need help.

To start, call for a free consult with one of our New Jersey Probate Lawyers.  We have seen it all.

By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do


Burlington County, Elder Care, New Jersey, Probate, Probate Attorney, Probate Lawyer

Peter KlenkPeter Klenk

What Our clients are saying

Klenk Law Logo

Anne W.

I saw four lawyers and was told by all of them; I should just forget contesting my mother's will. I knew what happened, but it is very hard to prove undue influence. I contacted the Law Offices of Peter L. Klenk & Associates. Attorney Amanda DiChello took my case. They were very honest and upfront about what would be involved trying to prove what I knew was true. Attorney DiChello may be young but she is extremely knowledgeable and skilled. She listened and understood what I conveyed to her. She knew exactly what information to use and crafted an outstanding interrogatory and many powerful depositions. Attorney DiChello understood the various emotional feelings this case created for my family and me; she was always there for us with a kind and encouraging word. We went to trial. The amount of work which she and her Paralegal did for the trial was incredible. They both knew my case inside and out! Attorney DiChello's powerful interrogative and thinking skills produced a positive outcome. Attorney DiChello did what other seasoned lawyers said was impossible!

Klenk Law Logo

Sheldon P.

Everything about my experience was a 10+! Peter and his staff made what I thought would be a difficult process easy and understandable. Every detail was handled correctly. No other firm could possibly do better than Klenk Law!

Klenk Law Logo

Ronald W.

Peter and his staff are very responsive and always willing to help my clients and in a cost efficient manner.

Klenk Law Logo

Dylan. S

Peter provided outstanding advice and preparation of a will and trusts.

Klenk Law Logo

Tom Mettinger Sr.

Integrity, exceeding the client's expectations. In-depth knowledge of the law

Let us put our expertise to work for you.

Free consultation within 24 hours.