What families need to know about probate and long-term care costs

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Long-term care can take a considerable financial toll on families. In Arizona, nursing homes and assisted living facilities often charge thousands of dollars each month.

When someone passes away with unpaid care bills, those debts don’t disappear. They follow the estate into probate and can change how assets get distributed.

How unpaid long-term care bills affect the estate

After someone dies, their estate goes through probate. This process handles their debts and divides any remaining property among heirs. If the person had long-term care bills that weren’t paid before death, those bills get added to the list of debts the estate must pay. Nursing homes, hospitals, or other care providers can file claims against the estate to collect what they’re owed.

In Arizona, these care bills often get priority over other debts. That means the probate court may require the estate to pay them before giving anything to family members. If the estate doesn’t have enough money, the court might sell property to cover those costs. This can affect family homes, savings accounts, and personal belongings that the testator wanted to go to children or other loved ones.

Medicaid may also claim money from the estate through a process called Medicaid estate recovery. Families are sometimes surprised to learn that even if care seemed “free” during the person’s life, the estate still owes money afterward.

What Arizona families can do now

Any family that includes someone who may need long-term care should start thinking about how to handle the costs. Long-term care insurance and early financial planning can help protect an estate. In Arizona, planning ahead can also reduce the risk of a long probate process and help keep property in the family.

Families also need to keep clear records of care expenses. Knowing what expenses the family has paid and which they still owe can make the probate process smoother. If a loved one is already receiving care, loved ones can ask questions now about what will happen to their assets when they pass away.

Understanding the link between long-term care bills and probate can help a family avoid stress and surprise costs. Good planning gives more control and helps protect a family’s future.

NOTE: This blog is for educational purposes only. If you’ve been injured, contact us today for professional legal assistance.

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