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Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 102320
Experience:  Fully licensed attorney in Texas in private practice.
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My mother-in-law is in a nursing home in NJ. She has a will

Customer Question

My mother-in-law is in a nursing home in NJ. She has a will which bequeaths $ to family members based on the insurance policies she had. However, we had to cash them in in order to get her on Medicaid. All the $ went to the nursing home. Do we have to do anything with the will since there is no $ now? We live in Florida and have POA.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. The insurance companies will have an appointed beneficiary aside from the Will. In other words, the Will does not appoint who the money goes to from the insurance payout, the pre-appointed beneficiary she chose when filling out the paperwork for the company does. So her Will stating that "Company A's payout will go to __, and company B's payout will go to ___" is basically voided, since the beneficiary listed in the company is separate from the will. Now the other gifts in the Will are still valid and one may wish to probate the Will. But there is no need to. In other words, some people simply decide the estate is not big enough to warrant the Will and walk away from it. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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