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J Burns J Burns is offline
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Default Wills: "Pay all medical expenses" boiler plate?

On 5/14/15 6:06 PM, trader_4 wrote:
On Thursday, May 14, 2015 at 3:48:42 PM UTC-4, J Burns wrote:
On 5/14/15 12:12 PM, (PeteCresswell) wrote:
Every will I have seen so far contains boiler plate to the effect that
the executor is directed to immediately pay all medical expenses.

Seems counter-intuitive to me. Why not directives to pay all
lawn-maintenance expenses? All utility bills?... and so-forth.

What is so special about medical expenses - except for the potential for
a feeding frenzy by caregivers plus the huge difference between
insurance/Medicare payments and actual charges?

Seems like a bad idea on the face of it.

What am I missing.

In New Jersey, an attorney can't file an inheritance return until he
knows the amount of medical bills. It may be like that in other places.


NJ? It's that everywhere. How could you possibly file an
inheritance tax return or anything to do with the disposition
of the assets of the estate, until you know the amount of all
the outstanding debts?

Medical expenses can be especially complicated. A payment under the New
Jersey Death act for medical and similar expenses is added to the
estate. A judgment may be awarded without specifying the amount.
Anything paid by no-fault insurance must be subtracted from medical
expenses. Whatever was paid or reimbursed by Medicare or other medical
insurance cannot be deducted. Whatever was paid before death cannot be
deducted.

It sounds like a lot for a lawyer to sort out, so the boilerplate tells
the executioner to get on the stick.