Legal Question in Wills and Trusts in Massachusetts

How do I bill an estate for funeral expense I paid

My father-in-law died in early May. In late May, my sister-in-law, who made the funeral arrangements, asked my husband and I by email, if we could pay the funeral bill because it was due in early June. This I did. I have a copy of the invoice from the funeral home showing I paid the bill. In another email, she said there was enough cash in my father-in-law's checking account to re-pay us. My sister-in-law is the executer of the will and is the sole beneficiary of the will. She knew this before she asked us to pay for the funeral. We didn't learn this until mid June when we received a copy of the will. It's almost 8,000 dollars. We are no longer on speaking terms and I don't trust her. I kept the emails. How do I present her a bill for re-payment and what should the bill say. Thank you.


Asked on 7/13/04, 9:06 pm

1 Answer from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: How do I bill an estate for funeral expense I paid

If the decedent's checking account was not in joint names but solely in his,it could not be accessed until the executor was appointed. Thus the need to borrow an advance from you to pay funeral bill. Now that executor is appointed submit a claim against the estate addressed to the executor with a copy of the paid funeral invoice and a copy of your cancelled check and if you are not paid promptly from the estate checking account as a priority expense of the administration, you can file a formal claim in the probate court where the will is being probated referencing the docket number of the estate. Unless the estate is deemed insolvent you should be reimbursed in full. It is premature for you to distrust or stop speaking to the executor. Good luck.

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Answered on 7/14/04, 9:52 am


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