Legal Question in Wills and Trusts in Massachusetts
appointed administrator
I was appointed administrator of my fathers estate. the only assests he had were after he died and a suit was put against the hospital. after fees and expenses the amount that we got was 4500.00. My question is when and how should these be dispersed between my siblings. I am listed as the responsible person so I don't know what rights I have with this money. while my father was alive I was the only one that had anything to do with him and had given him money. am I able to take what is owed to me from the money before dispersing it to the siblings. also medicaid had sent a letter while the suit was going on saying he owed hundreds of thousands of dollars for past medical bills and I don't know if he owed any other debts. should I hold the money for a period of time to make sure that no liens are put against me concerning my fathers debts.
1 Answer from Attorneys
Re: appointed administrator
The problem is too complicated to answer in a simple way, especially without knowing more about the lawsuit and how it was resolved. If the suit involved a malpractice claim, medicaid might be subrogated (have a right the proceeds of the lawsuit), and might have been paid, leaving you with the $4500. If you had a lawyer for the suit, s/he should have explained all this. If not, go back to the lawyer and ask for an accounting of all funds. That should tell you who got paid what out of the proceeds of the suit.
As to paying yourself back for money you gave your father, unless you have a signed promissory note or some similar document, your money was a gift and you have no more right to pay yourself than your siblings, unless they agree you should get more for what you did. I know you feel this isn't fair, but in the long run it'll make your life with your siblings easier.
No liens can be put against you personally for your father's estate debts, but the lawsuit may not be an estate asset and your siblings could complain if you pay yourself for undocumented "debts."
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