If my sister recently died and my daughter paid all of the burial expenses, how can she retrieve the expenses she paid from the estate?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my sister recently died and my daughter paid all of the burial expenses, how can she retrieve the expenses she paid from the estate?

She had about $6,000 on a prepaid debit card and about $4,200 in the bank. She had no parents or children. She has 5 siblings. My daughter was a beneficiary of an insurance policy by my sister.

Asked on May 4, 2015 under Estate Planning, Louisiana

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss.  Yes, your daugther should be able to recoup the expenses from the estate.  The funeral expenses are generally a preferential lien on the estate meaning that they are to be paid first under most state laws.  She needs to file a claim with the estate.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption