Legal Question in Wills and Trusts in Georgia

mother's estate

My mother passed away recently and had no insurance. My brother and I made the funeral arrangements and planned on selling her estate to pay for the expenses. The day before the funeral, a friend of my mothers produced a will naming her executor and leaving her everything. I was okay with that, but now she refuses to pay for the funeral because my brother and I have signed for it and the funeral director has sent us a letter stating that we are responsible for the debt. We did not know that there was a will before we signed for the arrangements. Now we are stuck with the bill while the executor lives in her estate and pays nothing. What can we do?

Asked on 5/24/07, 8:12 am

3 Answers from Attorneys

Robert Thompson J. Robert Thompson Attorney

Re: mother's estate

The will usually directs the Executor to pay for the funeral. You need to get a copy of the will, and then make a claim for the funeral expenses.

You might also consider contesting the will, if it has not already been admitted to probate by the court.

In any event, you should consult an attorney familiar with probate.

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Answered on 5/24/07, 10:07 am

Re: mother's estate

There are very good arguments to refute the executor's refusal to pay for the funeral; however, you will need to hire an attorney to make them on your behalf.

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Answered on 5/24/07, 10:36 am
Charles W. Field Charles W. Field, Attorney at Law

Re: mother's estate

In the first place, I would be very suspicious of anyone showing up with a purported "will" under these circumstances. In the second place, even if there is nothing fishy about the "will", you are probably entitled to reimbursement from the estate. Consult with a local attorney ASAP.

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Answered on 5/24/07, 5:36 pm

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