If my mom just passed away and my sister and I split the cost of her funeral, can I just write out checks to the both of us for reimbursement before paying the creditors?

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If my mom just passed away and my sister and I split the cost of her funeral, can I just write out checks to the both of us for reimbursement before paying the creditors?

I am administrator to her estate. My sister and I split the cost of the services up front. Creditors are attempting to collect on debt. I have set up an estate account. Mom did not have very much saved and it will not even be enough to fully cover the funeral expenses. I keep receiving threatening documents from a particular creditor and I need to provide them with something showing there are no funds remaining in her account.

Asked on May 23, 2014 under Estate Planning, West Virginia

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss and for what is happening at such a difficult time for you.  Generally speaking, Funeral costs are paid first from estate funds and they are given priority.  So it would be logical that reimbursement for the funeral would also take priority. But I would consider paying an attorney a consulting fee to make sure that the path you are taking is correct and what you wish to do is proper. Just ask around for an attorney that does Probate and Administration and negotiate for an hourly rate. Good luck.


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