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Quoting from Claims Against an Estate for Care Rendered to a Decedent:

Many states have an evidentiary rebuttable presumption that services rendered to a family member are gratuitous in nature, so the care-provider cannot recover. However, in states with such a presumption, these are not always hard and fast rules. In West Virginia, for example, ... the presumption in that state does not apply where parties, even though related by blood, are not living together as members of the same family.

Does the presumption exist in Arizona and Illinois, and if so, what reasons have been indicated when the presumption is not imposed?

Bonus: If there is an up-to-date, compiled list by state, it would be immensely helpful to all the family caregivers out there who provide indispensable care, but for some reason have been denied an express contract to be compensated for their commitment and sacrifice.

  • This is the presumption under common law so if a jurisdiction doesn’t use it there would need to be a statute to that effect. – Dale M Sep 5 at 0:22
  • A helpful start, but then “what are reasons given when it is not imposed (in jurisdictions that have it)?”. Also, is there a common-law distinction between related-by-blood and related-by-marriage? – lionel Sep 5 at 0:38
  • Its a standard common law presumption that "social" agreements are not legally enforceable while "commercial" ones are - social can be relations (in-law or by blood), roommates, friendships etc. – Dale M Sep 5 at 1:06
  • So how does it happen, then, that some quantum meruit and “unjust enrichment” claims bypass the presumption and a family member is compensated for providing commercial-level services? Does it only happen in states with a statute like you say? Or is there a level of proof (aside from an express contract) that meets the burden? – lionel Sep 5 at 6:44
  • Both quantum meriut and unjust enrichment are claims founded in equity whereas contractual issues (including intention the create legal obligations) are claims based in law. – Dale M Sep 5 at 8:19

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