How do I use a small estate affidavit in Pennsylvania?
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If you’ve received the funds already, it’s wise to hold them for a few months to be safe.
If you completed the small estate affidavit, that makes you the “Affiant,” so you’d have the legal authority to contact the state and confirm if there are estate recovery liens (20 Pa. C.S.A. Section 3101.0).
Also, funeral and burial expenses are always paid before any Medicaid recovery claim. So, using the funds for reimbursement and a headstone is legally allowed.
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I found an unclaimed benefit owing to my mother, and I'd like to use it to pay for her headstone. I need information about filing a small estate affidavit and navigating the state recovery process.
Have you already started the process of filing the small estate affidavit?
I’ve filled in the small estate affidavit.
In which state are you trying to file the affidavit and navigate the state recovery process?
Pennsylvania.
Is there anything else the lawyer should know before I connect you?
My mother died after being cared for in a nursing home. She had no estate, but I recently found an unclaimed benefit.
Hello and welcome! I’m Barrister, a licensed attorney here to help. I know this can be frustrating and confusing. I’ve read your comments about the small estate affidavit. What’s your legal question?
I think I understand I can submit this affidavit after it’s signed. But I need to know how estate recovery in Pennsylvania will handle this. Before I knew about the benefit, I signed their form saying I knew of no estate.
Have you checked with the state to see if they’ve filed a Medicaid estate recovery claim?
I’ve emailed the person I sent the original form to, but I never got a response. Is there a number I can call?
If you’ve received the funds already, it’s wise to hold them for a few months to be safe.
If you completed the small estate affidavit, that makes you the “Affiant,” so you’d have the legal authority to contact the state and confirm if there are estate recovery liens (20 Pa. C.S.A. Section 3101.0).
Also, funeral and burial expenses are always paid before any Medicaid recovery claim. So, using the funds for reimbursement and a headstone is legally allowed.
We had some out-of-pocket funeral expenses not covered by her life insurance. She passed in July.
Understood. You mentioned submitting the estate recovery questionnaire in October and not hearing back. That’s a good amount of time. If you haven’t heard from them, you’ve waited long enough.
I never got a response. Should I try again, or can I just go ahead and file the small estate affidavit with the county?
Yes, you’ve waited a reasonable amount of time. If they haven’t contacted you about a claim, you’re fine to move forward. Especially if the funds are mostly for burial.
I have my mother’s death certificate and the form. I’m not aware of any claims, but I don’t know how to be sure.
Again, you’ve waited long enough for them to notify you. And funeral expenses come before any estate recovery. So you’re in the clear to move forward.
The amount is more than the funeral costs. There will probably be about $3,000 left. I’d like for that to go to my father. The check is for $7,756.25.
Got it. If there’s no claim by now, it’s reasonable to assume there won’t be. You can use any surplus as appropriate.
Very good. I’ll submit the affidavit to the courthouse. Thank you!
You’re very welcome. Be safe and have a great day.
Would you mind reviewing this attachment? I plan to have it notarized before I file it. The courthouse said they can’t tell me if the forms are correct since they’re not lawyers.
Unfortunately, I can’t review documents or represent you. But if you followed the instructions, you should be fine. If anything’s wrong, the court will return it with notes so you can fix and resubmit.
Okay, thank you.
Glad to help!
