Who gets paid if an incapacitated person dies before the final hearing?

[rfrenzke]

What is the name of your state (only U.S. law)? Michigan
Who gets paid if an incapacitated person dies before the final hearing?
My brother filed a petition for appointment of permanent guardian of our incapacitated father. He was awarded temporary guardianship up until he filed for permanent guardianship. However, dad passed away before the final hearing to appoint my brother as the conservator. Is my brother entitled to have his legal fees paid from my dad's estate? My dad had no property and a small bank account with around $10,000 in it. He did have an insurance policy but just enough to pay for the funeral.

 

[Taxing Matters]

What is the name of your state (only U.S. law)? Michigan
Who gets paid if an incapacitated person dies before the final hearing?
My brother filed a petition for appointment of permanent guardian of our incapacitated father. He was awarded temporary guardianship up until he filed for permanent guardianship. However, dad passed away before the final hearing to appoint my brother as the conservator. Is my brother entitled to have his legal fees paid from my dad's estate? My dad had no property and a small bank account with around $10,000 in it. He did have an insurance policy but just enough to pay for the funeral.

Your brother would need to ask his lawyer that question. The answer depends on the orders entered in the case and the details of the guardianship proceeding, none of which we know.

 

[HRZ]

Laymens guess...this gets presented to Dads executor / administror who pays the bills in sequence as provided by state law , if it is an estate expense ...and if there is but 50'cents on dollar to pay out ..so be it ...but executor/administrator needs to be careful not to pay friendly bills and short other creditors ....

 

[latigo]

What is the name of your state (only U.S. law)? Michigan
Who gets paid if an incapacitated person dies before the final hearing?
My brother filed a petition for appointment of permanent guardian of our incapacitated father. He was awarded temporary guardianship up until he filed for permanent guardianship. However, dad passed away before the final hearing to appoint my brother as the conservator. Is my brother entitled to have his legal fees paid from my dad's estate? My dad had no property and a small bank account with around $10,000 in it. He did have an insurance policy but just enough to pay for the funeral.

Yes. The "reasonable" expenses incurred in the process being for the benefit of the now deceased father would be a proper subject for a creditor's claim against his estate.

 

[Zigner]

Yes. The "reasonable" expenses incurred in the process being for the benefit of the now deceased father would be a proper subject for a creditor's claim against his estate.

Sure - but only after the costs of administration and the cost of the funeral are dealt with. And, that creditor's claim would have no priority over any other creditor's claim of the same class. In other words, it' s not likely to get paid in full either way.

 

[not2cleverRed]

Sure - but only after the costs of administration and the cost of the funeral are dealt with. And, that creditor's claim would have no priority over any other creditor's claim of the same class. In other words, it' s not likely to get paid in full either way.

Mind you, the question was, "Who gets paid"... not "Who pays."

I suspect the *lawyer* gets paid... and knows who to pursue and how.

Since Dad had so little, how was this going to be paid if Dad *had not* died before permanent guardianship was established? Pretty sure that brother was already paying the lawyer to establish the guardianship, if Dad didn't even have enough to cover his own nursing home bill. I can't imagine a lawyer would start the process without some hope of being paid.

So that begs the question: who is the OP in this? Executor or just curious?

 

[rfrenzke]

Who gets psud

My brother paid the lawyer fees in anticipation he Would be reimbursed.

 

[Zigner]

My brother paid the lawyer fees in anticipation he Would be reimbursed.

He likely won't see the full amount, because other creditors with the same priority also need to be paid appropriately.

 

[not2cleverRed]

My brother paid the lawyer fees in anticipation he Would be reimbursed.

Then your brother was naïve.

Even had the guardianship been finalized, your Dad just plain would not have enough money to reimburse your brother.