Is the nursing home my cousin died at entitled to her tax return?

A fellow caregiver asked...

My cousin went into a nursing home in May 27, 2010 and she died on September 01,2010. Question is the nursing home entitled to her income tax return for the year 2009? This is in the State of PA.

Thank you for your time and help.

Expert Answer

Sorry, I can't give you a definite answer. I do not know Pennsylvania law on this point.

Still, I'd guess that the nursing home is entitled to get your cousin's income tax return for 2009, assuming that your cousin owed money to the nursing home when she died. Generally, the property of a deceased person, called her "estate " is liable for all debts she incurred while alive. That would seem to include nursing home debts.

Many states laws exempting certain property in an estate from liability for debts, under certain circumstances.. Perhaps PA. law exempts your cousin's tax refund in these circumstances, but I wouldn't bet on it.