Matter Of The Estate Zent

459 N.W.2d 795 (1990)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P and D met in 1979 and developed a personal relationship which lasted until his death in 1988. Marriage was discussed but not accomplished. P and D maintained separate residences but spent considerable amounts of time together, six to ten hours a day almost every day. P maintains that she was 'a virtual house servant and nursemaid' to D as he was gradually and progressively incapacitated by back surgery, a series of strokes and Alzheimer's disease. D began to deteriorate mentally in 1985 until her once-robust social companion was a confused old man in need of almost constant attention. In June 1988, D was admitted to a nursing home and died three weeks later. P filed a claim against the estate seeking compensation in the amount of $31,025.00 for services rendered to him. She requested $9,125.00, or $ 5.00 per day for personal services rendered from 1980 to 1985, including 'light housekeeping, assisting with the cooking, laundry, shopping, etc.' She sought $21,900.00, or $20.00 a day, for services rendered from 1985-1988, including 'taking him to clinic, hospital and surgical appointments; aftercare following surgeries; cooking and housecleaning; doing the laundry; taking care of pet dog; shopping for groceries and other items, and administering medication.' D disallowed the claim in its entirety. The county court affirmed the disallowance, determining that there was no express contract, no implied-in-fact contract, no implied-in-law contract, and that D was not unjustly enriched by services performed by P. P appealed.