QUESTION
What can we do if the other siblings gets all the insurance and us gets the funeral costs?
Asked on Oct 18th, 2012 on Estate Planning - Maryland
More details to this question:
My father died three years ago. His siblings took all of his property, bankcards, and received insurance monies but left my sibling and I with funeral costs.
11 ANSWERS
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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The funeral and burial costs are a priority for payment from a persons estate. You should contact an attorney to see what rights you may have.
Answered on Oct 23rd, 2012 at 4:15 PM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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You cannot do anything about getting the insurance monies. Dad's siblings must have been the beneficiaries. You could start a Probate Estate to recover the property. You need to consider the value of the property to be recovered carefully since any property recovered will be property of the Probate Estate subject to claims of creditors including the funeral bill which is a priority. You and your siblings otherwise would not really need to worry about the funeral bill unless one of you signed for it.
Answered on Oct 19th, 2012 at 4:42 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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If there is an estate, then you are entitled to reimbursement from the estate before anyone else gets estate assets. If there is no estate, and it sounds like there may not be, in your case, then you are not going to be able to collect from the beneficiaries.
Answered on Oct 19th, 2012 at 4:41 PM
You may need to file a probate estate and seek a court order requiring the siblings to share the total final expenses in proportion to the inheritance they received. Seek out an experienced probate attorney.
Answered on Oct 18th, 2012 at 5:19 PM
Your father's Executor should have paid off your father's remaining expenses, including the funeral costs, from the assets of the estate before anything was distributed to the heirs. If your father had a will, that would have determined who got what. If your father didn't have a will, state law determines how the assets are distributed - usually to the spouse and children. However, items like insurance policies and financial instruments ofter name beneficiaries, in which case the funds are delivered directly to the named person(s) and are not considered part of the estate. And property can be held in "joint tenancy" in which case your father's share would automatically transfer to the other names on the deed.
Answered on Oct 18th, 2012 at 5:19 PM
Unless you personally agreed to be responsible, you are not liable for the funeral costs. You should consult a probate attorney to review all of the facts and determine how you should proceed.
Answered on Oct 18th, 2012 at 5:19 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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That's terrible. However, three years later is a bad time to be seeking justice. You are probably too late to do anything.
Answered on Oct 18th, 2012 at 5:18 PM
Administrative Law Attorney serving Sherwood, OR
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Employment Law Professionals Northwest LLC
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No monies should have been disbursed from the estate until the expenses were paid from the estate. It sounds like the estate may not have been properly administered through probate. While insurance monies are outside the estate generally, any assets in the estate should have been used to pay outstanding debts, including funeral costs, before any moneys or asserts were distributed. You should consult an attorney who handles estate and probate matters to fully understand any rights you may have. The estate should have paid the funeral costs.
Answered on Oct 18th, 2012 at 5:17 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Sounds like a dysfunctional family. You could sue them in small claims court for the share of the costs to bury your father.
Answered on Oct 18th, 2012 at 5:16 PM
Thomas Edward Gates
You can file a request from the court for payment of the funeral expenses.
Answered on Oct 18th, 2012 at 5:16 PM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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If this happened three years ago, then you might not be able to do anything due to the statute of limitations.
Answered on Oct 18th, 2012 at 5:15 PM