Distribution of Monetary Assets in Will - Relative Refusing

[Packy]

Considering that she already helped you out with the $10,000, acknowledging that(to yourself) should ease the pain of being deprived of the $600. Look at this way: you are already coming out $9400 ahead, (if I understand correctly) that you aren't obligated to repay. Making an issue about it holds things up & for the sake of keeping the peace; I would recommend that you just let it go.

[Cypress]

Razz, thanks for sorting out the points, you organized it very well. It's a complex story and difficult to convey. I do believe my mother had supported other family members in her own way over the years. She was able to do this, saw a chance to support others and did so. I clearly recall when my father died about 10 years ago, she suddenly had two cars and asked if anybody minded if she gave over one car to a grandchild who had started a family. I remember saying, sure, if that's what you want. The grand child is P's son.

It was startling to receive a personal note from P that excluded me from the distribution of assets. Who knows what he did or did not tell the remaining siblings and grandchildren. Who knows what assistance others have received or not. He made a decision that has legal implications and an object reply is so appreciated. Thanks

[mermaid]

Cypress,

The government doesn't want people to be able to "hide" or give away their assets and then claim that they have no money and should be supported.

While your mother wasn't intending to hide/give away assets, it sounds like her situation fell under those rules regarding Medicaid.

You say you were just started to understand your obligation, but you don't explain what that is (that I noticed).

It is possible that as your mother's power of attorney, P may have gotten letters from Medicaid about the situation. That is what you need to understand. Is razz correct in 2, that the state has been asked for reimbursement?

You may want to call Legal Aid to see if you can find low-cost or free (pro-bono) legal advice. I think the most important thing is -- if your mother got benefits that the government would not have given her because of the $10K loan, are you required by the government to pay it back? That is what you need to protect yourself against, not missing the inheritance. You will need any official letters regarding the medicaid benefits and requests for reimbursement.

Good luck!

During the last few months of my mothers' life, she was applying to the state for financial support, I think through Medicaid, to cover costs in a total care setting. The state found the $10,0000 pay out and declared it an asset. Brother P stated I should have put it back into the account. I frankly was just starting to understand what my obligation was and wasn't around this return of funds when she died.

It strikes me that there are several different issues going on .

1. Your mother financed your $10,000 in home improvements knowingly and willingly with no indication of paying the amount back. She may have assisted other siblings over the years in a similar fashion.

2. Several years later, unknown to you, the state determined that the $10,000 given you, made your mother eligible for state aid and wanted reimbursement of it.

3. As sole beneficiary and executor of the limited funds remaining in the estate, your brother, as directed after a year, is stating that you are not entitled to a share of the balance of the estate. He has no way of knowing if any of the other siblings etc., have received any similar form of assistance from your mother over the years but knows about yours because the state wanted reimbursement.

4. It is only approximately $600, you aren't fond of the brother, the legal costs outweigh any benefit and you prefer little contact.

If any of these points are incorrect, please advise but it seems to me that you gain peace of mind all the way around if you simply let brother do as he wishes and carry on with your life being grateful to your mother for helping when she did, your brother for acting as executor and that the estate is modest so not worth fighting about.

[larknm]

I think if the brother is the sole beneficiary, it's his money to do with as he wants. I think the main thing (having been in a family where my brother and sister spent years not speaking over a set of silverware) that the main thing is not to let this eat you up for years. Distract yourself, whatever it takes, from the rage that may grow like wildfire over time.