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J
JHoodD Asked January 2020

Can my husband legally keep a refund check made out to him from the nursing home after his uncle dies or does it got to the estate?

We cared for my husband's uncle while he was living. He is recently deceased and there was a refund check made out in my husband's name. Because he handled the finances while his uncle was sick. There is no Will and no one in charge of the estate as there really was nothing left. The brother was the beneficiary to the life insurance. Are we required since the check was in my husbands name to pay that money to the estate or is it legal for my husband to keep the refund?

GardenArtist Jan 2020
I'm assuming that your husband had some supervisory role or paid the funds for his uncle, or there wouldn't be a check directly payable to him.  Did he sign the admission papers?    In his name or as proxy for his uncle?  

I'm not sure how the life insurance relates unless in some way it was used for payment at the nursing home.  If not, it's a separate issue and any funds should go to the designated beneficiary, your BIL. 

If there's no estate since there were no assets, I don't see how you could turn over the refund to an estate.

Since there was no will, and are no assets, there would have be an intestacy (dying w/o a will) designation, which depends on statutory law of the state in which your BIL died.     Probably whatever funds were returned would be used up in intestacy proceeding fees.

If you feel obligated to the BIL, you could split the check with him, but from what I've read, and (I'm seguing from your post now), if your husband paid for the nursing home's fees, it's merely a refund of your husband's money.

Tothill raises the important issue of debts.   Were there any?   Are there funds left in the accounts your husband managed to pay any debts?  

I think the biggest question is who paid for the nursing home fees. 

Tothill Jan 2020
How was the nursing home being paid? Whose funds were being used?

Did you hubby have POA?

Did the uncle have any debts when he died?

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