Legal Question in Wills and Trusts in Florida
Death, medicaid, life insurance
My mother recently passed away - I am executer. She was in a nursing home in FL on medicaid. i live in another state. No assets that I know of, (possibly very small bank account which nursing home had access to as she received a pension and all but a minimum amount went to the home/medicaid.) What do I need to do to settle the estate - there is a will but nothing mentioned in the will is still available to distribute- everything was sold before she went into the home. There is life insurance in which myself and 3 siblings were named as beneficiaries. Will this need to be paid to nursing home or medicaid? It is my understanding that pension fund (life insurance) plans to send each sibling 1/4 of proceeds.
Will I need to advertise for outstanding debts as there are no assets, and what happens if debts are identified?
Are my siblings required to assist in paying any costs associated with advertising her death if required by Fl law?
1 Answer from Attorneys
Re: Death, medicaid, life insurance
If the assets are less than $75,000 (which it sounds like) you can go through a summary administration which will help close out the potential debts owed by your mother.
The important thing to remember is that no matter what the creditors tell you, unless you or your siblings have signed on as personal guarantor or co-signer of any debts you will not likely be personally responsible for those debts.
If the life insurance is payable to you and your siblings it does not have to be included in the probate because it is not part of the Estate and therefore not attachable by the creditors, generally speaking.
Bottom line, if there is no money in the estate then the creditors have nothing to fight over and nothing to claim against. You did not indicate which county your mother resided in, but the probate should be opened there. A local attorney should be able to assist you for a reasonable fee.
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