Have you come to rely on an in-home caregiver to help you out as you’ve gotten older, or maybe after being diagnosed with a chronic or serious medical condition that limits your activity? You’re certainly not alone. A lot of Ohioans do.
You may see this person more than you see your own adult children – particularly if they don’t live nearby. If you’ve known them for some time, you may almost think of them as family or a cherished friend.
You may be considering including them as a beneficiary in your will or revocable living trust, but are concerned that your adult children or other family members will challenge that inheritance after you’re gone. You don’t want conflict among those you care about. What’s the best way to prevent that?
Understanding “rebuttable presumption”
First, it’s important to understand that the law helps protect people from being the victims of undue influence or fraud by non-family caregivers. While most are honest, hard-working people, some use their proximity to older, cognitively impaired and/or incapacitated people to take advantage of them. That can include tricking or pressuring them into listing them as a beneficiary or even giving them fiduciary authority over their estate.
Ohio law has a “rebuttable presumption” of undue influence by non-family caregivers. That means if an heir challenges their inheritance, they must be able to prove that they didn’t use undue influence on the deceased to get it.
The best way to prevent this type of challenge is to let your family know that you’re including your caregiver in your estate plan. You can explain how much they’ve helped you (and, in turn, your family).
It’s understandable not to want the push-back that may come. However, it’s better than having your relatives feel blindsided after you’re gone and turning on your caregiver.
Some people prefer to give their caregiver(s) some of their assets (monetary or other) while they’re still alive. If you do that, it’s still wise to document that in your estate plan so your caregiver isn’t accused of stealing.
What you should not do is promise your caregiver (or anyone) that you’ll “take care of them” or leave them something in your will unless and until you properly codify that. Unless you include the inheritance in your estate plan, it’s an empty promise that your family isn’t legally obligated to fulfill.
With experienced estate planning guidance, you can determine how best to leave something to a beloved caregiver, pet sitter or other important people in your life.
