Is nursing home refund part of an estate or outside of probate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is nursing home refund part of an estate or outside of probate?
A nursing home rehab refund for 1 month was issued in my name. I had POA and am now executor. Is this outside probate or does it belong to the estate? This was not a convenience account as Mom was only there for respite care for 1 month, not long-term.
Asked on May 9, 2017 under Estate Planning, New Jersey
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Who paid for the nursing home in the first place? If your mother's money was used, then yes the refund belongs to the estate. If, on the other hand, you or someone else made the payments, then they are not an asset of her estate and belongs to the party who paid.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
It depends on the source of the funds which are being refunded: if you paid for the nursing home for your mother out of your own money, the refund belongs to you (outside of probate); if you used your mother's bank account or her funds, then it goes to the estate (inside probate).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.