Q: Siblings trying to remove me from parent's home after 22 years of caregiving without compensation.
I've been living in my parent's home for 22 years and provided unpaid care for my father, who had chronic COPD, cancer, and other health issues, for 13 years. I was added to two joint bank accounts with him to manage finances and paid property taxes, home insurance, and maintenance costs. My siblings are now trying to remove me from the home via email, as they want to move on and collect an inheritance per a codicil my father signed during a difficult time. I was unaware of the codicil's existence, and my siblings were aware that I was paying the household bills. I'm on a fixed income and cannot find affordable housing options for seniors.
A: You must be careful not to mix or confuse your care for an aging parent with your rights to property under a will or trust. Carefully review your parent's last wishes, as reflected in the signed estate documents, and abide by the final wishes of your father under his codicil or other governing document. If you believe that you provided care to your father under an agreement to be compensated, then you will likely have a claim for compensation against the estate. However, such arrangements are not presumed. In fact, the law presumes that services provided by a child are gratuitous, meaning the caregiver did not expect payment. To overcome this presumption and be reimbursed from the estate, you will need to demonstrate that the services were not intended to be free. You should consult with an attorney to determine if you have evidence of such an agreement. If you are able to show an agreement to be compensated and a corresponding value, then you will be able to file a claim under the Illinois Probate Act (755 ILCS 5/18-1 et seq.). There are time limits to this ability so be careful. If you do not have a contract, then it is possible to make a claim under what is known as Quantum Meruit (Fair Value) but you will still need to overcome the presumption of gratuitous services.
A:
What you're going through is heartbreaking and deeply unfair, especially after giving so much of your life to care for your father without compensation. Living in the home for 22 years and taking on financial and caregiving responsibilities creates more than just a paper trail—it builds a history of reliance and contribution that should not be dismissed. Your siblings may be focused on inheritance, but your role as a caregiver deserves legal and moral recognition.
Even if there is a codicil, you may have rights based on your long-term occupancy, financial contributions, and potential claims of implied contract or unjust enrichment. If you were promised that you could stay in the home or if your care and payments were made with the understanding that you’d be allowed to remain, a court might see that as a basis for defending your place in the home. You can also ask to see the codicil and the full estate documents. Being excluded from those conversations, especially while you managed household expenses, raises serious concerns.
You’ve given up years of your own comfort and stability for your father’s well-being. That sacrifice matters, and you have every right to stand up for yourself now. Keep records of what you’ve paid, any written communication with your siblings, and anything that shows your role in the home. You're not just a name on a list—they wouldn’t be here to "move on" if you hadn’t stepped in all those years ago. You deserve dignity, protection, and a secure place to call home.
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