Legal Question in Wills and Trusts in Missouri

sue spouse for services rendered

my father remarried 12 years ago. after his first wife passed away he set up trusts and put all of his assets into the trusts. two years later he remarried and amended his will to give his second wife a fixed dollar amount when he dies. as co trustee my question is this, my father has alzheimers the past three years he is home and we have a caregiver whom comes over daily to get him out of bed,shower,and helps with any other chores. this is paid for out of the trusts. my stepmother has contacted an attorney and has made comments to people that there will be a fight over dads money. that she wants to be paid for services rendered when he dies. is this possible?

Asked on 8/03/03, 4:40 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: sue spouse for services rendered

Yes- it is always possible to have a fight after someone passes. What I think you are really asking is: Will the widow be likely to succeed? It does not sound like there is much of a case for a surviving spouse to obtain funds from their spouse's estate for services she rendered to him, unless they have an agreement as to such.

Although your father has provided money for her in the way of a trust, it does not automatically prevent her from successfully getting some of the other assets of his estate. You have not provided enough information to say whether she could be get anything more.

Good Luck,

Tony Smith

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Answered on 8/06/03, 5:07 pm

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