Legal Question in Wills and Trusts in Pennsylvania
My mother passed away a month ago, I was told by the office at court house it wouldn't be necessary to put the will into probate since there's not very much money, no property or vehiles. My brother and I are co-executors and my mother had her checking account set up with her name or mine and my brothers so even the bank said we can write checks out. There isn't enough money to pay all of the bills, I understand there are priorities of how they should be paid, 1. theres no attorney fees, 2. I don't know what that is but #3. says to pay the medical bills, funeral bills, Her bills all fall into this category. She lived in a Nursing home prior to her death for 3 1/2 months, while there, Medicare paid the bill except for the last 16 days of her life. So we owe for that stay and the medical supplies and other medical bills outside the nursing home. We also owe for the funeral. I was told by an attorney's secretary that we should take the total amount of the bills and divide that by what money she has and pay each bill the percent of the money say for example it divides out to be 50% we would pay 50% of each bill. So each one gets a portion of the money equally and that would exhaust her money. Is this an ok way to do it? Can the nursing home come back and get the other say for example 50% of their bill?
2 Answers from Attorneys
Follow the statute:
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.
If there are no administrative expenses (associated with probate), then the family exemption. If there is still money left, then the funeral bills and medical costs are in the same class. In that case, dividing each bill in half would be proper. There is nothing else that they can get. Unless you signed something, you are not personally liable.
The family exemption is what it says - if the deceased person left a spouse (in this case, if your mother was married and her husband was alive at the time of your mother's death) he would be entitled to a family exemption. Children can also claim.
See 20 Pa.C.S.A. � 3121, set forth below - the family exemption is $3,500.
20 Pa.C.S.A. � 3121:
The spouse of any decedent dying domiciled in the Commonwealth, and if there be no spouse, or if he has forfeited his rights, then such children as are members of the same household as the decedent, and in the event there are no such children, then the parent or parents of the decedent who are members of the same household as the decedent, may retain or claim as an exemption either real or personal property, or both, not theretofore sold by the personal representative, to the value of $3,500: Provided, That property specifically devised or bequeathed by the decedent, or otherwise specifically disposed of by him, may not be so retained or claimed if other assets are available for the exemption. The surviving husband or wife shall be a competent witness as to all matters pertinent to the issue of forfeiture of the right to exemption.
And, don't follow the advice of anyone except a licensed lawyer - lawyer's secretaries cannot give legal advice.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
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