Legal Question in Wills and Trusts in Pennsylvania
Proceeds of will to Alzheimers patient
My mother is in an Alzheimers unit and my sister and I are her POA. My fther is in good health. We have learned that my mother is to inherit a small amount of money from her parent's estate. As her Durable POA, may we distribute the funds from the estate to her four children (my father does not want the money) or are we obligated to relinquish the money to the state? Her POA states that we are able to 'gift' money if we wanted to do so. My mother is now on Medicare after the split of funds was determined by the nursing home. My father has already relinquished all assets that were required for her care by the state and now lives in a retirement village. We have been 'advised' by a trust officer that we would be able to distribute the funds equally among her children. However, another legal aid informed us that we must give the state all the money. What should we do?
1 Answer from Attorneys
Re: Proceeds of will to Alzheimers patient
From what you have said it sounds like what you need to do is renouce the bequest on your mothers behalf and therefore it would pass to her heir which would be the four children. A lawyer would have to see the actual bequest to ensure that that is the appropriate course of action. I offer free consultations
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