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Mom Inherited $167K After Being Placed in Memory Care...Do I Get Nothing?

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.

© 2019 Law Office of Thomas B. Burton. All Rights Reserved.

Transcript and captions provided for ease of access for the hearing impaired.

For questions about this topic, or to suggest a topic for a future blog post, please contact my office.

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