My mom just passed. She has lawsuit monies in estate and state is power of attorney over her nursing home and medical bills with no living will are her 5 children entitled to remaining money? After Dr and nursing home, funeral home bills are paid? Kh

Kaye - sorry for your loss. To answer your question - it depends on:

a. what state did she live in,
b. besides the children, what other relatives did she have (siblings, nieces/nephews, etc).

Also, please clarify: you said she had no "living will," but did you mean that she had no will? A will and a living will are two different things.

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Originally Posted by kayehernandez

... and state is power of attorney over her nursing home ...

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Sorry, but I cannot understand what you are trying to say here. POAs end upon death, so whoever had a POA generally makes no difference.

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Originally Posted by kayehernandez

... are her 5 children entitled to remaining money? ...

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Probably, but it depends upon the intestacy statue in your state, assuming there is no will. As Ebaines indicated, a "living will" is not a last will & testament. It concerns what efforts medical providers are to make to keep a person alive.

First a living will has nothing to do with what happens to her estate, it is what to do with medical treatment if she is unable to do so for herself.

Next no I doubt that the state is over the probate, but will have a claim to her home, and money in the estate to pay the bills.

But yes, the heirs of the estate will get the money that is left ( if any) after all of the bills are paid.