if I paid for my brother’s funeral and have all of thee receipts but am not his beneficiary, can I file a civil suit to obtain repayment?

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if I paid for my brother’s funeral and have all of thee receipts but am not his beneficiary, can I file a civil suit to obtain repayment?

He has a son who is no where to be found and I was his next of kin because I am the oldest of 3 sisters. Thus, I made all decisions medical decisions, etc., when he became incapacitated.

Asked on September 23, 2013 under Estate Planning, Maryland

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 8 years ago | Contributor

You can make a claim against your brother's probate estate to obtain reimbursement for the funeral costs. From your description, I would guess that probate has not been opened. You could could start the probate process and make your claim, but you should consult a local probate attorney before you do so. As part of the process, someone will have to track down your brother's son and give him notice of the probate case. 

Nathan Wagner / Law Office of Nathan Wagner

Answered 8 years ago | Contributor

You can make a claim against your brother's probate estate to obtain reimbursement for the funeral costs. From your description, I would guess that probate has not been opened. You could could start the probate process and make your claim, but you should consult a local probate attorney before you do so. As part of the process, someone will have to track down your brother's son and give him notice of the probate case. 


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