Is nursing home refund part of an estate or outside of probate?

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Is nursing home refund part of an estate or outside of probate?

A nursing home rehab refund for 1 month was issued in my name. I had POA and am now executor. Is this outside probate or does it belong to the estate? This was not a convenience account as Mom was only there for respite care for 1 month, not long-term.

Asked on May 9, 2017 under Estate Planning, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Who paid for the nursing home in the first place? If your mother's money was used, then yes the refund belongs to the estate. If, on the other hand, you or someone else made the payments, then they are not an asset of her estate and belongs to the party who paid.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends on the source of the funds which are being refunded: if you paid for the nursing home for your mother out of your own money, the refund belongs to you (outside of probate); if you used your mother's bank account or her funds, then it goes to the estate (inside probate).


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