Personal debt to be paid from will.

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Personal debt to be paid from will.

I lent my mother and stepfather $6000 and told them to just stipulate in her Will that I get $6000 off the top. What happens if both of them end up having to go to a home and they have no money to pay for that. Will they confiscate their assets and will the debt to me be paid first or will I lose that? I am executor to both of them but there are 2 children of my stepfather who never see him and 2 grandchildren all beneficiaries to their Wills. My mother was going to add an addendum to her Will. What is the correct thing we should do to be sure it stands legal when the time comes? What other debts could override mine or cause me to lose it altogether. They only recently purchased the house 2 years ago and they have no money saved.

Asked on June 8, 2019 under Estate Planning, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, debts owed to the nursing home or the government (e.g. Medicaid or the state dept. of health) for paying for care will take precedence over any amounts left to heirs or beneficiaries: debts of the deceased, including especially these sort of medical debts, will take precedence over any bequests in a will. The only way to make you get paid it back is for them to repay you prior to them passing away, and to be sure that you can, if the payment is challenged (e.g. if the nursing home, etc. goes after it, claiming it was a fraudulent payment to hide assets from them), prove that there had been a loan and this was repayment of a loan. If they can't repay you now, as they evidently can't, then you want them  to repay you as much, as quickly, as they can when they get some money, to make sure you get your money, because again, debts and final expenses get paid before beneficiaries get money under a will.


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