Legal Question in Wills and Trusts in Arizona
Probate
My Mother recently passed away and left most everything to one of my bothers and me. My oldest brother only received a small part in an annuity. My younger brother and I paid for the funeral out of our part of the estate. My oldest brother is refusing to pay his share. I am the executor of the estate. Is it in my right as my mother's personal representative to send my oldest brother a bill for his portion of the funeral expenses to be paid out of his share of the estate?
2 Answers from Attorneys
Re: Probate
Beware. You have a brother who received a small portion of your mother's assets. Therefore, any mistake on your part will be used to his advantage or your disadvantage.
Funeral expenses are generally paid off the top of the estate, not from anyone's "share." We do not have the will here to look at, nor do we know if your brother received the annuity from the estate (not as a beneficiary) or if he was named as beneficiary on the estate. More facts are needed. You are taking risks to handles this without expert advice. See an estate attorney. We offer free initial consultations at 480.835.1500.
Re: Probate
More facts are needed to answer this question. Was your oldest brother named as a beneficiary on the annuity? It's possible that he does not have to pay for any of the funeral, but I would have to see the will and all the other documents to know for sure.
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