What are my rights if my mom just passed away and I have applied for funeral funds from the county?

She was on social security and medical assistance through the county in which she lived. The only asset she had was a checking account. I was a signer and the representative payee on that account. We applied for county assistance for the funeral funds. The county has told me that the only thing I can pay for is any left over expenses for the nursing home in which my mom was a resident the rest goes to the county. We were not even able to pay the extra funeral expenses, like flowers, memorials, minister etc with her account. My mother had no will and the money we are talking about is minimal. Very minimal. Does the county have the right to take this money? I am not sure what my rights are.

Asked on April 24, 2014 under Estate Planning, Minnesota


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Whether or not the county has the right to take the money that you have written about depends upon the amount of its claimed lien and what the lien is for as to your mother's estate. I suggest that you consult with a Wills and trust attorney in your locality for help or your local legal aid center. The former can be found on attorneypages.com.

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