Legal Question in Wills and Trusts in Florida
How do I get money from my brother that is owed to me for our mother funeral and expenses that I have paid out. The Insurance companies are splitting the checks and sending them to us, but this is not helping get money that is due to me on expenses I'm paying on my mothers behalf after her death. He is refusing to give me any and we both are getting very little Life Insurance Money and the house is in reverse mortagage. Please Help before my brother spends all the money
2 Answers from Attorneys
Your brother is not legally responsible, the estate is.
Realize that you are not legally obligated to pay for such debts. The estate of your
mother should pay those expenses before any distribution to beneficiaries. You
don't mention a will. Insurance companies will just pay the policy benefits to
designated beneficiaries without being responsible for her debts. You could
take legal action against your brother through local probate court, but it
may not be worthwhile, depending on her other property including the reverse
mortgage. If your brother will not cooperate, probate is the only resolution.
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