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Paying For Nursing Home Care

Posted on March 6, 2010.
Paying For Nursing Home CareWhat about personal effects of someone if their nursing home is paid by the state?

My grandmother is currently in a nursing home in Michigan and the state is now paying for his care since all his savings have been used. We are trying to confirm what will happen to his personal belonging when she passes. Will they become the property of the state? If yes, what will be the state and make those assets? She has many antiques and family heirlooms that we do not want to leave our family and become the property States. Any help or suggestions would be greatly appreciated.

Michigan law has a specific transfer if there is no will:

Ās 27.12101. intestacy.


Sec. 2101. (1) Any portion of the estate of a deceased is not effectively removed by pass by intestacy to the heirs of the deceased as required by this Act, except as amended by the will of the deceased.
(2) A person died by the will may expressly exclude or limit the right of a person or group to inherit the deceased's property passes by intestate succession. If that person or a member of that class survives the deceased by the intestacy of the deceased to which such person or class would have succeeded passes as if that person or each member of this class had renounced his intestate.


MCL Ās 700.2102 (2000)
MSA Ās 27.12102 (2000)




Ās 27.12102. Share of spouse.

Sec. 2102. (1) The surviving spouse's share will a deceased person is 1 of the following:
(A) The entire intestate estate if no descendant or relative of the deceased survived the deceased.
(B) The first $ 150,000.00 plus half the balance of the intestate estate, if all the descendants of survivors of the deceased are also descendants of surviving spouse and there is no other descendant of the surviving spouse survives the deceased.
(C) The first $ 150,000.00, more than three fourths of any balance of intestacy, if no descendant of the deceased survives the deceased, but a relative of the deceased survived the deceased.
(D) The first $ 150,000.00 plus half the balance of the intestate estate, if all the decedent's surviving descendants are also descendants of surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the deceased.
(E) The first $ 150,000.00 plus half the balance of the intestate estate, if one or several but not all, descendants of survivors of the deceased are not descendants of the surviving spouse.
(E) The first $ 100,000.00 plus half the balance of the intestate estate, if none of the decedent's surviving descendants are descendants of the surviving spouse.
(2) Each amount in paragraph (1) shall be adjusted as provided in section 1210.

MCL Ās 700.2103 (2000)
MSA Ās 27.12103 (2000)




Ās 27.12103. Share of heirs other than surviving spouse.

Sec. 2103. Any part of the estate of the intestate who do not pass to the surviving spouse of the deceased under section 2102, or intestate succession set if there is no surviving spouse, goes into following order for the following persons who survive the deceased:
(A) The deceased descendants by representation.
(B) If there is no surviving issue, parents of the deceased even if both survive or the surviving parent.
(C) If no surviving issue or parent, the offspring of parents of the deceased or one of them by representation.
(D) If no surviving issue, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, 1 / 2 the estate of the deceased and #.

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