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Goldsmith & Guymon | Dara Goldsmith
Unless you had authority from the probate court, the court will need to consider whether that spending was appropriately removed from the beneficiary's share or whether it should be restored.
Answer Applies to: Nevada
Replied: 12/20/2011
Martin Barnes - Attorney at Law | Martin Barnes
You may have to repay the estate for some or all of the amount if you removed assets without the authority to do so. However, there could be circumstances that would provide a legal defense for your actions. You should consult with an attorney to help you determine whether there is a basis for challenging a claim against you for repayment.
Answer Applies to: Indiana
Replied: 12/20/2011
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
If I understand the question, I think yes. An estate should only pay those costs related to that decedent. That is, the Estate of X should only pay X's debts and the expenses of X's estate. If an heir, Y, passes away while X's estate is open, then the Estate of Y ought to pay all of Y's debts and expenses.
Answer Applies to: Oregon
Replied: 12/16/2011
Charles M. Schiff, Attorney at Law | Charles M. Schiff
Burial expenses of an heir to an Estate would not be considered a valid debt of the Estate. If you are the court-appointed Personal Representative of the Estate, and, If you used the Estate's money to pay for the burial of an heir, this would be considered a breach of your fiduciary duty to the Estate. Whether you would be required to reimburse the Estate would depend upon whether the remaining heirs or creditors objected to the payment.
Answer Applies to: Minnesota
Replied: 12/16/2011
THE BROOME LAW FIRM, LLC | Barry D. Broome
The final expenses are usually paid out of the deceased's estate. If the family wants to contribute because there is no money in the estate they can. This is not a refundable event. No one can be forced to pay for the funeral.
Answer Applies to: Georgia
Replied: 12/16/2011
Harville-Stein Law Offices, LLC | Dean D. Stein
The funds in an estate are only to be used for essentialestate administration purposes. If the next-of-kin will agree, or if the deceased heir has an estate open, you should seek to offset the payment of the burial of the heir as an "advance" of the heir's portion of their inheritance from the decedent's estate.
Answer Applies to: Alabama
Replied: 12/16/2011
Law Office of J. Brian Thomas | J. Brian Thomas
Probably. If John Doe is an heir to the estate of Jim Doe, and you spend Jim Doe's money to bury John Doe, the total debt is probably owed owed to Jim Doe. Obviously, this doesn't even address the issue of whether or not you had the right to use Jim Doe's money to buy John. But, yes, you owe the money back to the estate, and you should be prepared to defend your actions.
Answer Applies to: Texas
Replied: 12/16/2011
Bullivant Houser Bailey PC | Darin Christensen
Funeral expenses of an heir to an estate are not valid expenses of that estate and to the extent they were paid using estate funds should be repaid.
Answer Applies to: Oregon
Replied: 12/15/2011
