Legal Question in Wills and Trusts in Florida
My father just past away and my brother paid for his funeral expenses. We then asked his wife to reimburse him these expenses and she refuses. (She is not our mother). Is she responsible to pay for his expenses out of the estate. We know there is awill but we don't know what it says. Is she required to file the will with probate?
3 Answers from Attorneys
If you know where the will is, then you need to file it with the clerk of court's office. If she refuses to produce the will, then file for probate of an intestate estate and ask to be the personal representative. File a claim against the estate to be reimbursed for funeral expenses.
The will needs to be filed. The funeral expenses are payable out of the assets of the estate. File a claim in probate.
Yes, the will needs to be filed in the probate court. You can make a claim to be reimbursed for the funeral expenses. I wrote a recent blog post on Florida Probate Basics, which is available at www.floridawillmaker.com. Regards,
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