Ironton, OH asked in Estate Planning, Family Law, Elder Law and Probate for Ohio

Q: Regarding Ohio SNF ResidentTrust Fund/Personal Needs Account.

When a resident expires and there is not a beneficiary who is entitled to the resident's personal money?

I'm not referring to Medicaid money. I know that money goes back to the state.

I'm told the SNF must write the check to The Estate of.. but, when this is done the banks will not cash it unless there is an Estate of...set up.

I understand the option obtaining a letter of testamentary but, am unsure if the cost would weigh out if the PNA is a small amount.

I work for a small family owned SNF and am hoping there is a way that I can write the check to a family member and still be compliant with the law?

1 Lawyer Answer

A: Perhaps there is an unpaid funeral bill to be paid.

See Ohio Administrative Code 5160-3-16.5)H)(3)(c) "If funeral and/or burial expenses for a deceased resident have not been paid, and all the resident's resources other than the PNA have been exhausted, the resident's PNA account funds shall be used to pay the funeral and/or burial expenses."

The family could also file for Release from Administration, which may not be as expensive.

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