If my brother and sister paid for my mother to go into an assisted living facility, can they get reimbursed off the top of the estate?

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If my brother and sister paid for my mother to go into an assisted living facility, can they get reimbursed off the top of the estate?

She was going to reimburse them when her condo sold. In the meantime she passed away. Her Will states that her estate be divided equally among the 5 siblings. Do they have to prove it was a loan? One brother seems to be inflating his figures and going back through the past year of any money he gave to support her. The Will be filed in probate court.

Asked on June 19, 2013 under Estate Planning, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Good question. Money expended for the mother intended to be reimbursed is subject to a claim to the estate for reimbursement which seems to be the situation in your matter. The documents supporting the expenditures must be submitted to the executor of the estate to substantiate the claim for reimbursement.


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