What to do if I’m a beneficiary of a Will and paid for the final expenses but did not get reimbursed for the expenses from the executor of the estate?

Probate is being now complete and disbursement has already taken place. What are my rights? Can I still claim the expense and is it too late to revoke the executor for legally not disbursing items equally?

Asked on September 16, 2013 under Estate Planning, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I am so sorry about this all.  The payment of funeral expenses is given the first priority in a probate.  In other words, it is the debt paid first by the estate.  Did you submit the bill for payment to the executor?  It is unclear if you are precluded now but why not try and file the claim anyway.  You have nothing to lose.  The expense of having the executor removed is not one you want to take on but a challenge is still possible. Get help.  Good luck.  

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I am so sorry about this all.  The payment of funeral expenses is given the first priority in a probate.  In other words, it is the debt paid first by the estate.  Did you submit the bill for payment to the executor?  It is unclear if you are precluded now but why not try and file the claim anyway.  You have nothing to lose.  The expense of having the executor removed is not one you want to take on but a challenge is still possible. Get help.  Good luck.  


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