It depends! Don't you love that answer? But it really does depend on what is actually in the documents that were executed as well as the law in your state. It is not impossible that the properties are now "off the table for MA purposes, but you must talk with an elder law attorney to be sure. Why not the attorney who drew up the documents in the first place?
No. That's a divestment. The state won't make the claim, though, they'll impose a penalty period. It's the nursing home that won't get paid that'll be suing your mom and then you (under a fraudulent conveyance theory). If you wish, you may drop me a email to discuss further...
If A dies before the person who made the will (the testator), you have to look to the will to determine who takes.
If A survived the testator (by at least 120 hours in many states), then it depends on A's own estate plan.
P.S. Per stirpes means "by the root" http://answers.ask.com/Reference/Dictionaries/what_does_per_stirpes_mean
Generally, an estate remains open as long as necessary and convenient to properly administer the assets in the estate.
Courts are pretty lenient and understanding when authorizing extensions to letters of authority, but the personal representative does have to give some reason. Personal reasons, such as health, may be allowed.
If the administration of the estate has been unduly prolonged without justification, the court is likely to be upset more with the personal representative than the...
Here's the problem, a will is simply instructions to probate court, that means that any will, however well-crafted, in order to "work" must be probated.
Probate is not the godawful misery that most people think it is, it's not really all that bad and probate court IS the frendliest court in town.
HOWEVER... in my humble opinon, no-one with any assets should do a will/probate-based estate plan (with one exception) because under a 2007 law that began to be enforced last year, if you received...
Q: But how do I get reinbursed for the funeral and admin costs?
A: You loaned money to the estate and now the estate owes you money which you, as Administrator pay back to you as Creditor.
Q: I know technically funeral costs get reimbursed from the estate, but that means that i would be taking money from the health insurance companies thats meant to pay for the doctors bills to cover my funeral costs. is that legal?
A: The payments of the medical insurance companies are in satisfaction of...