Elder Law Answers
Can I Force My Brother to Close Out My Mother's Estate?
My mother died 13 years ago. My brother has been in charge of her estate. He refuses to put her home up for sale, instead...
Read moreCan I Refuse to Turn Over Pension Payments to My Mother's Nursing Home?
- August 28th, 2013
Q
My mother is in a non-profit nursing home and the nursing home wants my stepfather's pension of less than $100, which I use to pay my travel costs for visiting my mother. My stepfather died before my mother was admitted to the nursing home. Can I refuse to give it to them?
A
No. It sounds like your mother's care is covered by Medicaid. Typically, nursing home residents who receive Medicaid must pay all but a small amount of their income to the nursing home and Medicaid picks up the balance of the cost. If you don't pay over all of the income, the nursing home could sue you for the money or it could seek to evict your mother for nonpayment. More likely, given the amount involved, the nursing home will be stuck with the loss, which doesn't seem fair.