Legal Question in Wills and Trusts in California
If my sister pays for the funeral, is that cost returned to her befor disbursements are made after probate?
Asked on 2/17/11, 10:14 am
3 Answers from Attorneys
Chris Johnson
Christopher B. Johnson, Attorney at Law
It's a priority debt of the estate, so it should be paid before even most other debts are, and before beneficiaries are, but she should file a creditor claim with the probate estate to be sure it will be paid.
Answered on 2/17/11, 10:22 am
Michele Cusack
Pollak & Cusack
re: filing creditor's claim: unless there was a no contest clause in the will specifying claims against the estate!
Answered on 2/17/11, 10:24 am
Eliz. C. A. Johnson
Eliz. C. A. Johnson
It is a PRIORITY CLAIM of the estate paid before creditors. It is absolutely recoverable. The expense should be submitted to the Executor/Trustee for immediate repayment. It is given priority status specifically so people will help pay those costs.
Answered on 2/17/11, 10:46 am
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