Matter Of The Estate Zent

459 N.W.2d 795 (1990)

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Legal Analysis

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Nature Of The Case

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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.

Issues

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Holding & Decision

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