How do you file a claim against property of a decedent to cover cost of funeral expenses?

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My cousin died having an interest in land valued at $2,300. His immediate family would not bury him so other family members did so. We paid an amount in excess of the value of the land and it is his only asset. How do we claim the real estate?

Asked 11/5/2009 under Wills, Trusts, Probate | 913 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

You'd have to file a lawsuit against the cousin's estate.  If you can prove that he died the record owner of the land, you can more or less force his family to have someone step up and be the personal representative of the estate, if that hasn't happened, because otherwise there's no way for them to get title to the land, either.  If you know who the executor or administrator of your cousin's estate is, that will make the first steps of the process simpler.

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