Tag Archives: ASSETS

My mother died with no will, a car and $1000

Q: She has no spouse. She has about $1000 in a checking account and an older car, Blue Book Value $2000, which is currently sitting in our driveway. We are not using it. The registration is expired, and it requires repairs. She has no life insurance or other assets of any kind. Her current medical bills/nursing home payments due will wipe out the checking account. We have limited resources after caring for her for years and cannot afford a lawyer, court fees, etc. We would like to pay off her debts as far as possible utilizing her assets. How can we do this legally without incurring expenses for ourselves? Is there any way to just walk away from this and let the creditors and state figure it out? (Pittsburgh, PA)

A: Assuming she has $1000 and an old car, you might want to do nothing. You can get the $1000 from the bank under section 3101 of the Probate, Estate and Fiduciary Code if you are a child and go to the bank with a copy of the paid funeral bill and a death certificate. The car can be sold through AAA or other motor vehicle transfer agent. It will cost you thousands of dollars to open an estate and then you will be harassed by creditors. If your mom received Medicaid, hang on to the $1000 for about a year to see if the PA Department of Human Services will file a Medicaid claim against her. They can claim the $1000 as an exception to Rule 3101. You can file an inheritance tax return and “0” it out as I am sure someone paid more than $1000 in funeral expenses which are deductions. Again, you could do nothing and leave the money sit. You will have no personal liability. Her estate, if someone opens one, is the only party who will owe her bills.

In PA, does the spouse who makes less get 1/2 the assets?

Q: Wife works full-time job making $75,000.00 per year. The husband is on Social Security disability, makes $24,400 per year. Husband has no assets (except his truck). The wife has retirement savings and stock options worth roughly $1.8 million. When divorcing in PA, is husband entitled to 1/2 of the wife’s net worth? What about spousal support if the husband was to get his own place to live (they currently live in the same place, although separated within that home) and move out? (North Strabane Twp., PA)

A: PA is an equitable distribution state when it comes to the division of marital property. This means the court tries to cut the pie in a manner that is fair, given many factors. including education, income, career prospects, other assets, the contribution of the parties, debts, etc. Generally, if you are the lesser of two earners with less income potential, you may get a larger share of the marital estate, but this is not always the case.

Does he have to pay remaining bills?

Q: Family member with dementia was victimized by a caregiver who ran up lots of bills in his. Most have been paid off but there are a few left. He now lives with his daughter in Greensburg and is ill and in a nursing home. He has no assets except a retirement account and needs that to live on. Can he be sued for these bills?

A: Probably not. Speak to an attorney. Notification of his financial status or the fact that he is on Medicaid (if he is in fact on Medicaid) to the creditors may be enough to ward them off. However, do not don’t count on it. Whatever you do, do not give them or anybody you care about a cell phone number as they will harass to no end. You may want to have a certified letter sent to the creditors informing them of his status. Your friend may also want to appoint his daughter or another family member appointed as his guardian to speak and act on his behalf.

Does he have to pay remaining bills?

Q: Family member with dementia was victimized by a caregiver who ran up lots of bills in his. Most have been paid off but there are a few left. He now lives with his daughter in Greensburg and is ill and in a nursing home. He has no assets except a retirement account and needs that to live on. Can he be sued for these bills?

A: Probably not. Speak to an attorney. Notification of his financial status or the fact that he is on Medicaid (if he is in fact on Medicaid) to the creditors may be enough to ward them off. However, do not don’t count on it. Whatever you do, do not give them or anybody you care about a cell phone number as they will harass to no end. You may want to have a certified letter sent to the creditors informing them of his status. Your friend may also want to appoint his daughter or another family member appointed as his guardian to speak and act on his behalf.