child owes parent money but wants to keep money out of estate because she is going into nursing home, should he pay it back?

UPDATED: Jun 24, 2009

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jun 24, 2009Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

child owes parent money but wants to keep money out of estate because she is going into nursing home, should he pay it back?

the money was given to the child by his father who is deceased, his mother does not know about the money and has been spending rapidly with the idea that she is going into a nursing home and her assets are going to be depleted anyway. There are four kids entitled to equal shares of the estate and all agree to trying to protect the money. Do you talk to the parent (she is 89)? Should they pay her back?

Asked on June 24, 2009 under Estate Planning, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Yes, you should talk to you Mother, but first you should consult an Elder Law/Estate planning attorney so that you have real information when you speak with your Mom.  You need to have information about all her assets: types (Life Insurance, stocks, house, bank accounts, etc); how they are held (alone, jointly, rights of survivorship).  There may be a way, even now, to plan for her entering a nursing home.  For example, if the estate is of a larger value, Ohio has what is known as Long Term Care Insurance. You may have many options of which you are not aware.  And they will be able to advise you as to paying back the loan and how.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption