Legal Question in Wills and Trusts in New York

dispersal of persons assets to enter nursing home

Is it the responsibility of the executor/trix or the immediate heir to disperse of a person's; assets in order to pay for nursing home care while the person is still alive?


Asked on 10/23/08, 7:45 pm

3 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: dispersal of persons assets to enter nursing home

An executor or executrix becomes a fiduciary upon the death of the testator and after probate of the will by the Surrogate's Court. An executor has no power while the person is alive.

Mike.

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Answered on 10/24/08, 8:18 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: dispersal of persons assets to enter nursing home

If the person is alive and incapacitated, unable to manage their

own affairs, upon petitionm the court will appoint a property guardian.

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Answered on 10/24/08, 9:39 am
Walter LeVine Walter D. LeVine, Esq.

Re: dispersal of persons assets to enter nursing home

I agree with Mike and Mark. A family member can be appointed the Guardian for an incapcitated person, and the Court appointment will empower that person to act upon the person's assets.

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Answered on 10/26/08, 9:29 pm


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