Legal Question in Wills and Trusts in New Jersey

Re: heir, not executor, liable for funeral expenses

You should have received a copy of the Will when it was probated. Typically, the Will provides for the payment of funeral and related expenses, debts and other liabilities of the decedent, off the top of the estate assets. If you are the sole heir, as you state, and such provision is in the Will, these payments reduce your share of the estate. Included in these expenses would also be probate fees, attorneys fees for the estate attorney, costs of flowers for the funeral and the csots of the wake, repast, etc. (even if not specifically mentioned as such in the Will). As to the personal property, who receives it is also usually spelled out in the Will, although sometimes the decedent leaves a separate letter or other written direction stating who is to get what. As executor, the live-in has a fiduciary responsibility to provide you with a full accounting of the estate property and what happened to it, plus verify all bills paid. If there is any discrepancy between the Will and the accounting, you can sue the executor.

Re: heir, not executor, liable for funeral expenses

Since the probate matter is ongoing, I would strongly recommend that you have an actual consultation with an attorney. Your attorney could review a copy of the Will and if further investigation is warranted, could also examine the probate file. Your attorney could then assist you in understanding your legal rights, obligations, and options.

Generally speaking, many Wills are written with clauses which expressly permit the executor to pay reasonable expenses of administering the estate, as well as reasonable funeral expenses, from the proceeds of the estate, i.e., these sums would be deducted before the net is paid out to the heirs/beneficiaries of the estate.

You indicate the executor has retained a lawyer to assist with the administration of the estate. Frequently, the Will will have a provision permitting reasonable attorneys' fees in connection with the administration of the estate to be paid out of the proceeds of the estate.

As noted above, if you are questioning the conduct of the executor or of the attorney, you need to consult with your own attorney as soon as possible.

Please contact me if you wish to discuss retaining my services for this purpose, or if you have another legal matter you may need to discuss.

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