Navigating Elder Care During Probate

The process of losing a loved one is always emotionally taxing, but the stress is compounded when that person required structured elder care, and their estate must now go through probate administration. When a primary care recipient passes away, the family often faces a frightening paradox: essential care arrangements—from assisted living payments to caregiver wages—must continue, yet the deceased person's financial authority immediately vanishes.

At Boswell, PLLC, we understand that seamlessly navigating the legal and financial gap is paramount. It requires immediate, strategic legal intervention. Here are six crucial steps for managing ongoing elder care during the probate period, a complex intersection of family, finance, and Texas law. Contact us today.

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Securing Immediate Care Funding Through Estate Administration

The first crisis involves paying current and imminent bills. Once the individual dies, Durable Powers of Attorney are void, and bank accounts in the decedent’s name are generally inaccessible. It is imperative to begin the probate administration process immediately. By quickly opening the estate, the Executor gains the legal authority to manage assets. We offer a streamlined estate administration service designed to establish this legal authority swiftly.

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Establishing New Legal Authority and Continuity

If the elder had existing care agreements, the Executor or Administrator (the fiduciary appointed by the court) steps directly into the decedent's shoes to manage those contracts. This transition must be handled with precise documentation. If a pre-death guardianship was in place for the decedent, the Executor assumes responsibility from the former Guardian. This switch is not automatic; a court order is required, emphasizing the importance of working with professionals familiar with the Dallas County probate courts.

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Inventorying Assets Critical to Care Liquidity

For estates where ongoing care for a surviving dependent (such as a spouse) relies on the deceased’s assets, a rapid and accurate inventory is essential. Our team focuses on identifying liquid assets, pension funds, or insurance policies that can be quickly tapped or transferred to ensure the surviving dependent’s lifestyle—and care payments—remain uninterrupted. This detailed asset tracing ensures that no funding avenues are overlooked during a vulnerable time.

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Addressing Real Estate and Potential Liquidation Needs

In many elder care situations, the most significant asset is the family home, which may need to be sold to cover final medical bills, taxes, or ongoing support for a surviving spouse. Liquidation can be complicated. If the Will mandates certain distributions, or if the estate is subject to intestacy rules (no Will), court approval is mandatory. Having an experienced probate lawyer in Dallas guide this process is critical to obtaining the necessary court orders to market and sell the property without unnecessary delays.

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Managing Medicaid and Government Benefits

If the decedent or a surviving dependent was receiving, or applying for, governmental support like Medicaid or VA benefits, the Executor assumes responsibility for managing these programs. Changes in assets and income resulting from the probate process can affect eligibility. Consulting an estate planning attorney in Dallas who is also versed in elder law is crucial to prevent penalties or lapses in coverage for the surviving dependent while the estate is being finalized.

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Finalizing Debts and Resolving Caregiver Claims

The completion of probate administration involves finalizing the estate’s debts, which often include outstanding nursing home bills, final home care invoices, and hospital charges. The Executor must review and settle all creditor claims against the estate. Ensuring that all legitimate claims related to the elder’s care are properly addressed and paid ensures that the Executor fulfills their duty and provides a clear financial finality for the family.

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At Boswell, PLLC, we provide dedicated estate administration services designed for seamless transitions. Don't face the complex legal landscape of Dallas probate alone. Protect your family’s assets and ensure the continuity of care by partnering with a knowledgeable probate lawyer in Dallas and a skilled estate planning attorney in Dallas. Contact us today to secure the legal guidance you need.

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