Legal Question in Wills and Trusts in Washington

Funeral expenses

My brother-in-law passed away in Sept 2005. His Will stated for executor to pay his funeral expenses. My husband and his brother paid $4,500.00. To date we have not received any money. We know they have copies of expenses. What can we do?

Thank You


Asked on 12/16/05, 1:55 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Funeral expenses

Submit a creditor's claim to the estate. Is there any reason you didn't do that sooner? If the estate is closed and probate finished, you may have a problem.

When a will says the executor should pay the ecpenses of the funeral service, it means those expenses should be paid out of the estate, not out of the PR's pocket. Generally, anyway.

There is a special statute of frauds about agreeing to pay for the debts of a decedent - agreement has to be in writing, signed by the PR, NOT the decedent.

Hope this helps. Elizabeth

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Answered on 12/17/05, 12:54 am


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