Legal Question in Wills and Trusts in Tennessee

Estate of Mother in Nursing home

My Aunt's mother passed away, she had been in the nursing home for 3 or 4 years on Medicaid.

The nursing home wrote a check to the ''Estate of'' in refund for the money not used from the 30 a month allowed by social Security. the check was for a small sum of around $1,000 I think. My aunt could not just deposit the money into her account to give to her mentally handicapped brother, and has been told she will have to go through probate . Can you give us any help on any alernatives for this .

Her mother lived in Humbolt, TN.


Asked on 3/30/07, 12:32 pm

1 Answer from Attorneys

Marshall Snyder Law Office Of Marshall Snyder

Re: Estate of Mother in Nursing home

If the entire estate is under $25,000.00, a Small Estate Affidavit can be filed with the Probate Court. This can avoid a full probate which is required when estates exceed $25,000.00.

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Answered on 4/01/07, 3:20 pm


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