Can a wife demand repayment for funeral expenses from the executor of a will
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Can a wife demand repayment for funeral expenses from the executor of a will
My brother has recently died and his son is the executor of his will. My
brother’s second wife his first wife died has told his son that she wants to
be reimbursed for funeral and miscellaneous bills. Is this legal?
Asked on September 14, 2017 under Estate Planning, Iowa
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
I am so sorry for your loss. So generally speaking the funeral expenses of a person are the responsibility if the deceased person's Estate. And the funeral bill is a priority lien, meaning that it gets paid first. Was your brother still married to the second wife at the time of his death? Does your brother's Will leave assets to those other than his second wife? Likely the children from the first marriage? Then I think that the second wife may have the right to request reimbursement from the estate. It sounds strange but unless the law in Iowa is very different, legally it is not her responsibility. It is the responsibility of the estate. Good luck.
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