Attorney Thomas B. Burton answers a reader question from a reader who sold the mother's home to pay for her care, and then wonders whether she will receive a share of her mother's other assets.
Transcript of Video: Mom Inherited $167K After Being Placed in Memory Care...Do I Get Nothing?
Today's question is about probate and the
reader writes
I sold home for mother's home as
guardian to pay for a care that I was to
inherit 50% do I get a share of other
assets apologies I'm just reading how
it's written so it sounds like she sold
the home to pay for her mother's care
and she was supposed to inherit 50% of
the home then she says mom inherited
$167,000 after being placed in a memory
care facility sister was left all assets
and 50% of home do I get nothing so this
is a good question it's a little unclear
to me from the facts whether you and
then your sister are the only heirs if
it's just the two of you and you were
both named 50/50 in the will then you
would be entitled to half of all your
mom's probate assets that pass under the
will now a memory care facility that
brings up the issue of whether she's
receiving Medicaid assistance from the
state of Wisconsin if she was the state
may have a claim against your mother's
assets to be repaid for the money they
paid for her monthly care so the state
would if you open a probate the state
would file their claim as a creditor so
be aware that as far as a hundred and
sixty-seven thousand if your mom died
without a will and you're the only two
children and you would be the only two
heirs entitled to inherit and this one
hundred sixty-seven thousand I don't
know if that passed under the will again
if you're named in the will as a 50
percent heir you would get half of it
but if that's some sort of financial
account your mom left non-probate to
your sister then that could be entirely
hers it may not be what she intended but
again for people watching make sure you
have those beneficiary designations
filled out and make sure they mirror
your will if that's what you want them
to do and as far as the house
if your mom placed you and your sister on
the deed then at after her death like a
transfer-on-death deed then you for sure would
be 50/50 owners if she didn't then it
depends what the will says about the
house assuming the will said we'd split
everything 50/50 then you would be
entitled to some of that as well
however you mentioned that you sold the
house so let's say the will specifically
mentioned the house well once it's sold
that will wouldn't govern anymore because your
mom didn't own that asset so one other
thing I'm thinking is maybe that 167
came from the home sale now that money
should pass under the terms of your mom's
will again unless she put it in a bank
account and let's say she had a
payable-on-death form on that account
just to your sister then it would just go
to your sister because that passed
non-probate by operation of law so for
the other listeners out there be careful
about these non-probate ways of leaving
money to people think about who you have
named on each financial account is
payable-on-death your Will will not
override those those are a private
contract between you and the financial
institution so make sure those are
accurate with your current estate plan
wishes at my office we do holistic
planning and we remind you to look at
those to think about how each part works
together and I suggest you do the same
with your plan so great question thank
you for asking and good luck with
getting that all sorted out.
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