Legal Question in Wills and Trusts in Wisconsin

Re: Question on Funeral expenses

Your mother's estate is responsible for funeral expenses as a priority. However your brother or anyone else could, or could have, have contracted for these expenses and that person would also be liable to pay the expenses with the right to be reimbursed by the estate, again as a priority. See Wis. Stat. 859.25

(1) Classes and priority. At the time of their allowance, all claims and allowances shall be classified in one of the following classes. If the applicable assets of the estate are insufficient to pay all claims and allowances in full, the personal representative shall make payment in the following order:

(a) Costs and expenses of administration.

(b) Reasonable funeral and burial expenses.

(c) Provisions for the family of the decedent under ss. 861.31, 861.33 and 861.35.

(d) Reasonable and necessary expenses of the last sickness of the decedent, including compensation of persons attending the decedent.

(e) All debts, charges or taxes owing to the United States, this state or a governmental subdivision or municipality of this state.

(NOTE: The other priorities are not listed here)