Legal Question in Wills and Trusts in Pennsylvania

My mother passed away a month ago and my brother and I are on the Will as co-executors. My mom doesn't have that much money but she has a funeral bill, a nursing home bill some drug bills. There's isn't enough money to pay all of them.I was told we should take the total of the bills and divide it by the amount of money she has say for example it came out to 48% then we take 48% of each bill and pay that. Is that correct? That will exhaust her funds. Is there a priority of what bills would get paid first or is this the correct way to do it? I also understand if the bills are 6 months old we don't have to pay those, is this correct? It's in the state of Pennsylvania.If we pay all the medical bills, nursing home and funeral at the percentage is there anything say for example the nursing home can do to collect the rest of the bill? Thank you


Asked on 2/04/11, 1:11 pm

1 Answer from Attorneys

I don't now who told you that it should be 48% of each bill. If there is not enough money, then state law provides for payment in order of priority. When you run out of money is where you stop.

Here is the order of priority (assuming that your mother lived in PA at the time of her death and the estate will be probated there):

20 Pa.C.S.A. � 3392

� 3392. Classification and order of payment

If the applicable assets of the estate are insufficient to pay all proper charges and claims in full, the personal representative, subject to any preference given by law to claims due the United States, shall pay them in the following order, without priority as between claims of the same class:

(1) The costs of administration.

(2) The family exemption.

(3) The costs of the decedent's funeral and burial, and the costs of medicines furnished to him within six months of his death, of medical or nursing services performed for him within that time, of hospital services including maintenance provided him within that time, of services provided under the medical assistance program provided within that time and of services performed for him by any of his employees within that time.

(4) The cost of a gravemarker.

(5) Rents for the occupancy of the decedent's residence for six months immediately prior to his death.

(5.1) Claims by the Commonwealth and the political subdivisions of the Commonwealth.

(6) All other claims.

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Answered on 2/06/11, 9:25 pm


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