caregiver got everything in a new will — if that sentence describes your family right now, take a breath. This is hard, and you are allowed to feel angry and sad at the same time. However, this situation is more common than you think, and there is a clear path forward.
Every state has rules for questioning a will. Some states even assume a caregiver gift is invalid until the caregiver proves otherwise. You do not have to figure this out alone, and you do not have to figure it out today.
Where You Stand: Caregiver Got Everything In A New Will
A will can leave property to anyone, including a paid or unpaid caregiver. However, the law watches caregiver gifts closely. Courts know that a caregiver often controls food, medicine, visitors, and phone calls. That control can shade into pressure. When a caregiver got everything in a new will, judges look at whether the person was truly free to choose.
Several states go further. They flip the burden of proof. In those states, the caregiver must prove the gift was honest, instead of the family proving it was not. This is a big deal. Typically, proving undue influence is hard because the pressure happens behind closed doors. A statutory presumption removes much of that problem.
The exact rule, the dollar threshold, and the filing deadline all vary. For example, Illinois uses a flat dollar figure, while California uses a timing window. Here are five concrete examples so you can see how different the numbers are.
| State | Caregiver-specific rule (exact figure) | Deadline to challenge the will |
|---|---|---|
| California | Prob. Code §21380: gift to a “care custodian” of a dependent adult is presumed the product of fraud or undue influence if the will was signed while care was given, or within 90 days before or after. Caregiver must rebut by clear and convincing evidence. | 120 days after the will is admitted to probate, or 60 days after notice, whichever is earlier |
| Illinois | 755 ILCS 5/4a: transfer to a non-family caregiver worth more than $20,000 is presumptively void, for instruments signed on or after January 1, 2015 | 2 years from the date of death |
| Nevada | NRS 155.097: transfer to a caregiver of a dependent adult is presumed void; rebutted by clear and convincing evidence or an independent attorney’s “Certificate of Independent Review” under NRS 155.0975 | 3 months after notice of the will’s admission (NRS 137.080) |
| Florida | No caregiver-specific statute. Fla. Stat. §733.107 shifts the burden when someone in a confidential relationship gets a substantial benefit and actively procured the will | 90 days after service of the notice of administration (20 days if formally noticed earlier) |
| Texas | No caregiver-specific statute. Family must prove undue influence under general probate law | 2 years after the will is admitted to probate |
What to Do First (Step by Step)
Step one: get the will. Ask the probate court clerk in the county where your loved one lived. Once a will is filed, it is a public record in most cases. Step two: note the signing date and the witnesses. Step three: build a simple timeline. When did the caregiver start? When did visits get harder? When did the will change?
Step four: look for the old will. A prior will matters a great deal. If a caregiver got everything in a new will but an earlier will split things among children, that contrast is powerful evidence. Step five: ask who drove your loved one to the lawyer’s office, and who paid the lawyer. As a result of these questions, patterns often appear fast.
Step six: do not sign anything the caregiver hands you. Waivers and family settlement agreements can give up your right to object. In most cases, you can ask for time to have a lawyer read it first.
How to Protect Yourself and Keep Records
Records win these cases. Start a single folder, paper or digital. Put the new will, any old will, and the death certificate in it. Add bank statements, deed changes, and beneficiary forms. Undue influence rarely stops at a will. Typically, you will also find new joint accounts or a new power of attorney.
Medical records matter too. They show whether your loved one had dementia, delirium, or heavy pain medication near the signing date. You may be able to request these as a personal representative or through the court. Also save texts, emails, and voicemails. Screenshot them. Do not delete anything, even messages that make you look bad.
Write down what you remember now, while it is fresh. Include dates, who was present, and exact words when you can. For example, note the day you were told not to visit. When a caregiver got everything in a new will, these small details often become the strongest part of the story. Ask other relatives and old friends to write their own notes separately.
When to Get Help (Probate Court or an Attorney)
Start with your state’s probate court self-help center. Many state court websites (.gov) have free self-help portals with forms, deadlines, and plain-English guides. Court clerks cannot give legal advice. However, they can tell you the case number, the filing deadline, and what documents are already on file. That information is free.
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Next, try free legal aid. LawHelp.org and your state bar’s lawyer referral service can point you to local programs. Many areas also have a Legal Services for the Elderly or an Area Agency on Aging office. If you suspect financial exploitation of an older adult, you can also report it to Adult Protective Services or your state attorney general. Those reports are free and can trigger their own investigation.
Call a licensed probate litigation attorney if probate is open, if the estate is large, or if a deadline is close. Many take these cases on contingency or a hybrid fee. Ask about fees in the first call. If a caregiver got everything in a new will and your state has a presumption statute, say so — that fact often changes how a lawyer sizes up the case. Nothing here is legal advice for your situation, so check with your state’s court or a licensed attorney.
Frequently Asked Questions
Can a caregiver legally inherit everything?
Yes, in many states a caregiver can inherit, especially if there was a real, long relationship. However, several states presume the gift is invalid and make the caregiver prove otherwise. Whether a caregiver got everything in a new will fairly depends on your state’s rule and the facts around the signing.
What is “undue influence” in plain English?
It means someone used pressure, isolation, or control to replace the person’s real wishes with their own. Courts look at the victim’s vulnerability, the influencer’s authority, the tactics used, and whether the result was unusual. Cornell’s Legal Information Institute (law.cornell.edu/wex) has a short plain-English definition.
Does it matter that the will was notarized or written by a lawyer?
It helps the caregiver’s side, but it does not end the question. Courts still ask who found the lawyer and who was in the room. In most cases, a will drafted by an attorney the caregiver chose gets more scrutiny, not less.
Where to get real help, free or low-cost
You do not have to figure this out alone, and you do not need to buy anything to get started. Your state’s probate court usually has a self-help desk, and free legal aid can walk you through the next steps.
- Your state probate (or surrogate’s) court: search “[your state] probate court self-help” for free forms and instructions.
- Free legal aid: lawhelp.org — find free and low-cost legal help in your state.
- Eldercare and benefits help: eldercare.acl.gov — connects families with local support.
Sources & How to Verify
The information on this page is drawn from official government and court sources. Estate, probate, and tax rules change, so always confirm the exact figure with your state’s court, statute, or a licensed attorney.
- IRS — Estate Tax: irs.gov — federal estate-tax rules and exemption
- Find free legal help: lawhelp.org — free and low-cost legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state probate code & court self-help portal: search “[your state] probate code” and “[your state] probate court self-help” for the exact law and forms
Content last reviewed September 2026. If you notice outdated information, please contact us.
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- Wills & Probate by State (All 51 Jurisdictions)
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Informational only — not legal or tax advice. Wills Probate Guide is an independent educational resource, not a law firm, tax advisor, or financial planner, and this page does not provide legal or tax advice. Estate, probate, and tax rules vary by state and change over time, so always verify the exact rule with your state’s probate code, your local probate court’s self-help portal, or a licensed attorney. For urgent matters like an active probate or a tax deadline, contact a licensed attorney in your state right away.