If the probate judge does not order my mother’s extra funeral epenses paid, what can I do?

My son is executive of my mother’s estate; the Will is probated. My mother had a prepaid funeral with a funeral home in the amount of $2805. It was supposed to be transferred to another funeral home but was not. When she died, I transferred it to a nicer funeral home, which ended up costing me after the refund, $5,047. This amount includes preacher and casket floral arrangement. If the probate judge does not order it to be paid, what options do I have? Can I contest it at another level? The refunds were 25% less than the original which I an willing to eat.

Asked on June 12, 2012 under Estate Planning, Alabama


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the probate judge does not approve your request for reimbursement for your mother's funeral expenses with respect to the probate of her estate, you can appeal the judge's decision.

However, from a practical standpoint, ordinarily it is the executor who approves all creditor's claims that are submitted and which there is proper back up for the amount claimed where if approved by the executor, the court ordinarily approves such per an order as a matter of course.

Since your son is the executor of your mother's estate, and assuming the $5,047 expense reimbursement that you desire is substantiated with documentation, then I really do not see too much of an issue with you not getting reimbursed this amount in full.

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