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What Happens When You’re a Caretaker but There’s No Inheritance Plan?

Writer's picture: Beth MontgomeryBeth Montgomery
signature, inheritance, legal document, will, estate planning

Meet Maria. She spent two years caring for her aging mom. Every day, Maria cooked meals, helped her mom get dressed, and made sure she took her medicine.


When her mom passed away, Maria was both heartbroken and exhausted. She had dropped everything—her job, her social life, even some of her own health needs—to be there for her mom.


Then came the shock. There was no will. There were no clear instructions about who should get what, or even who should be in charge. Other family members came forward, and some distant relatives even appeared.


Suddenly, people were arguing over what belonged to whom. Since there was no written plan, Maria had no proof of the promises she heard from her mom in private. She felt overlooked and hurt. All the time and love she gave seemed to mean nothing in the eyes of the law.


Without a will or any legal paperwork, many families face probate court, which is a legal process to sort out the estate. Probate court can be long, stressful, and expensive. You have to file claims within a certain amount of time, gather documents, and wait for the court to make decisions.


Doing this while you’re still grieving can be overwhelming. And if you don’t do it properly, you might lose your chance to claim anything at all.


I am not an attorney, and this is not legal advice, but I’ve seen how painful it can be when there’s no end-of-life plan. Families fight. Caregivers feel betrayed. Emotions run high. And meanwhile, you have to deal with funeral plans, household bills, and maybe even selling a home. It’s no wonder people feel they can’t breathe.


So how can we avoid this? The most important step is planning. If you are caring for a loved one, encourage them to have a will, a health care proxy, and other documents ready. This helps make sure all their wishes are known. It also makes sure you, as a caregiver, understand what you can expect. You won’t have to guess, and you won’t be left feeling like everything you did was unnoticed.


But a plan isn’t just about paperwork. It’s also about having the conversations. Talk to your loved one about their final wishes. Let family members know what has been decided. Yes, it can be awkward or sad, but it can stop bigger fights later. When you know how the estate should be handled, you avoid confusion and heartbreak.


A death doula can help, too. While a death doula isn’t a lawyer, we provide emotional and practical support during end-of-life planning. A death doula can help you talk through difficult topics, organize important information, and guide you to resources like estate planning attorneys or social workers.


We focus on the person’s wishes and the family’s peace of mind. That way, you’re not alone in carrying the burden. You have a caring guide who understands the stress, grief, and fear that can show up. (Book a call)


Think about what happened to Maria. She had to mourn her mom’s passing, face legal battles, and deal with family drama—all at once. If her mom had a proper plan, things might have gone differently. There might have been clear instructions about the estate. Maria’s role as a caregiver might have been recognized. And most importantly, the family could have spent more time healing instead of fighting.


So, if you or someone you know is in a caregiver role, ask these questions:

  1. Is there a will or trust in place?

  2. Has the caregiver’s effort been acknowledged legally or financially?

  3. Is everyone aware of who is in charge of decisions if the loved one can’t speak for themselves?


The goal is to protect your loved one’s wishes and protect yourself. Handling all this before someone passes away can save a lot of heartache later. It’s about taking care of the ones who took care of us—and taking care of ourselves, too.


If you’re unsure where to start, a death doula can be a calm, guiding voice. (Book a call)


We can talk about what matters to your family, point you in the right direction, and help you create a plan that feels right. It’s not about forcing legal steps; it’s about helping you see what’s needed so you can find the right help, if and when you need it.


No one wants to think about death or legal battles. But avoiding the topic can leave your family in a painful mess.


Plan now, talk openly, and seek the guidance you need. Your future self—and your loved ones—will thank you.

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