What action can be taken against someone who was assigned in a Will to cover funeral expenses and did not do so?

You may need to open a probate estate and file a petition to hold her responsible.

Likely none. Even if the Will says "the insurance money to go to my daughter is to be used for my funeral expenses," if the daughter was beneficiary, then the money is hers and she can legally do whatever she wants with it. There is not much that can be done about this. You should consult with an attorney to assist you in administering the estate, regardless of the outcome on this issue.

The best course of action would be to make a claim on the insurance company to reimburse for the funeral expenses, then put that money in the estate. Your grandmother's niece is probably entitled to be reimbursed for the funeral expenses, but I would need to read the will to make sure.

File a Creditor's Claim in the probate case and it will be reimbursed.

Your mother should file a claim against the estate for the funeral expenses. She should have a higher priority than most other creditors because it was for funeral expenses. She should submit copies of the receipts to support her claim.

Your grandmother's niece is not responsible to pay the funeral expenses herself, she is the person selected to make sure those affairs get handled and paid (by using grandmother's money or the insurance money in order to do so) If someone else paid the funeral expenses, they would have a right to make a claim against grandmother's estate (her money, insurance, etc) to get reimbursed for the expenses paid. You may need to consult with an attorney as your grandmother's estate may need to go through probate.

When the personal representative (executor) opens the probate, your mother should send her a written request for reimbursement for the funeral costs she paid. It should all sort out in the probate accounting.

The executor is not liable personally for the funeral expenses, rather your grandmother's estate is and that is being administered by the executor. If your mother length funds to the estate, even though they were the proceeds of the insurance policy which grandmother owned and he was the beneficiary of, she has a right to seek reimbursement from the other remaining assets of the estate. Clearly there is a great deal of misunderstanding about the rights and liabilities of the parties and therefore you should be seeking legal counsel.

You can make a claim in the estate. You should consult a probate attorney to assist you.

Thank you for sharing your question. I can only comment on your case as far as the information you have provided and according to Utah law; as such, what I share here is cannot be used as legal advice for your particular situation but only legal information strictly limited to the facts you have shared. There are a couple of issues you I have identified. First, the life insurance policy is a contract that runs outside your grandmother's will and her estate. Unless your mother, the beneficiary of the life insurance policy, was designated as a beneficiary receiving the money in trust, it is legally her money to do what she wants. Second, the executor is not personally responsible for the funeral costs unless she has subsequently signed a document assuming that obligation. The will cannot create a liability upon the executor, but the executor may subsequently create an obligation for herself by entering into contracts or agreements on behalf of the estate if the estate did not have sufficient assets to cover the obligation or agreement. For any further specific advice, I can only direct you to seek the advice of a good lawyer that practices probate law and estate planning. Good luck. This reply is not legal advice and does not create an attorney-client relationship. V/r, Paul Waldron Jackman Waldron 867 North 900 West Orem, UT 84057 O: 801.225.1632 F: 801.225.9443 paul@jackmanwaldron.com The information and documents sent via this electronic mail are confidential, subject to attorney-client privilege and/or attorney work-product immunity, and are intended only for the use of the individual or entity named above. If these documents or information have been received by someone other than the intended recipient, you are notified that any dissemination, distribution or copying of these documents or information, in any form, is strictly forbidden. If you receive this in error, please contact the sender and delete this material from all computers. IRS CIRCULAR 230 NOTICE. To ensure compliance with requirements imposed by the IRS, we inform you that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any tax-related matter addressed herein.

First I would ask her nicely, and if she does not want to cooperate, the matter may need to be resolved by the Judge of the Probate Court.

Your mother's funeral expenses should be reimbursed by your grandmother's estate, and not by the niece from personal funds. If the estate is probated, then your mother will need to file a claim with the estate. If there is nothing to probate, then your mother should receive assets from the estate in an amount sufficient to cover the funeral costs.

Make a request for reimbursement.? If there is a probate estate, file a formal claim against the estate, if necessary.

Normally the funeral is paid from assets of the estate. If you mother has proof of payment she can file a claim with the Register of Wills. It must be done within 8 months of her death but if assets of the estate, the funeral has priority.