Legal Question in Wills and Trusts in Massachusetts
my mother died this past friday. There are 2 children. 1 child is bearing all the expense of the funeral, and the other is just expecting his 1/2 of the life insurance. Shouldn't both children pay for the funeral, and remaining bills?
2 Answers from Attorneys
Sorry to hear about your loss.
The remaining bills, need to be paid from your mother's estate. Any funeral expenses paid by you or another will be reimbursed by your mother's estate if there is any assets there. The life insurance, may be written to go to your mother's estate or to a party that your mother chose. If it goes directly to a party of your mothers chosing, it skips probate and is not included in the estate. A split of all assets in the estate will occur by a will if your mother had one or by the rules of MA intestacy if she did not have one.
My condolences on your loss.
The cost of the funeral and other estate expenses should be paid from your mother's estate if there are assets. If the life insurance is paid directly to each of you, that makes the reimbursement more complex.
If you need assistance with the probating of the estate, please feel free to contact me.