Legal Question in Wills and Trusts in New York

Re: exceutor of a will

Funeral costs are an expense of the estate. If they have been advanced by someone (spouse, child, other family member, etc.), a claim should be presented to the Executor, along with a copy of the bill and proof of payment. If the Executor still refuses to pay/reimburse a suit against the estate (by suing the Executor) may be required. However, there might be an issue depending upon why someone other than the Executor incurred the charge. For example, and I have been involved with this several times, if the decedent was on Medicaid, Medicaid only pays for a simple funeral (plain pine box, etc.). Anything over that, that Medicaid does not cover, becomes a private pay and if not agreed to by the Executor and beneficiaries of the estate, cannot be charged to the estate.