Estate

[Kayleesdad71]

in Virginia can the benigiciary of someone life ins be reimburse for funeral expenses by the administrator of said estate

 

[LdiJ]

in Virginia can the benigiciary of someone life ins be reimburse for funeral expenses by the administrator of said estate

Someone who paid the funeral expenses out of their own pocket (and if they paid from life ins benefits that belonged to them its out of their own pocket.) absolutely can and should be reimbursed by the estate.

 

[latigo]

in Virginia can the benigiciary of someone life ins be reimburse for funeral expenses by the administrator of said estate

Personally, if I were representing the administrator of the estate and someone else had voluntarily paid the funeral costs (regardless of the source of the payment) I would advise my client NOT to reimburse short of there being an appropriate claim timely filed, petition and notice to the heirs, etc., and other persons of interest to be affected, a hearing AND court approval.

Having so advised, my client could do as he pleased and it would be his neck and not mine.

 

[adjusterjack]

in Virginia can the benigiciary of someone life ins be reimburse for funeral expenses by the administrator of said estate

Potentially yes (as has already been pointed out) but that has nothing to do with being the beneficiary of a life insurance policy.

 

[Zigner]

Personally, if I were representing the administrator of the estate and someone else had voluntarily paid the funeral costs (regardless of the source of the payment) I would advise my client NOT to reimburse short of there being an appropriate claim timely filed, petition and notice to the heirs, etc., and other persons of interest to be affected, a hearing AND court approval.

Having so advised, my client could do as he pleased and it would be his neck and not mine.

Knowing that the estate WILL end up paying the expenses, up to $3,500, as priority expenses, your advice would seem self-serving, as your client and/or the estate would then be paying you to review said filings and to attend said hearings. The estate loses, the person/entity that paid the expenses loses, and you win.

Bad form.

 

[Ohiogal]

Knowing that the estate WILL end up paying the expenses, up to $3,500, as priority expenses, your advice would seem self-serving, as your client and/or the estate would then be paying you to review said filings and to attend said hearings. The estate loses, the person/entity that paid the expenses loses, and you win.

Bad form.

You are assuming a few things about the estate -- that it has funds, that OP is not someone who is considered responsible for such expenses anyway, and various other things. I have to agree with Latigo on this one. And an estate doesn't need an attorney necessarily. The executor -- who is that? How much is the estate worth? Too many questions to say this person SHOULD be reimbursed for paying for the funeral.

 

[Zigner]

You are assuming a few things about the estate -- that it has funds, that OP is not someone who is considered responsible for such expenses anyway, and various other things. I have to agree with Latigo on this one. And an estate doesn't need an attorney necessarily. The executor -- who is that? How much is the estate worth? Too many questions to say this person SHOULD be reimbursed for paying for the funeral.

Virginia law for insolvent estates puts up to $3,500 for funeral expenses as a priority estate expense. The estate should pay the person who paid the expenses. Sure, there may not be funds to do so, but if there weren't, I don't think the question would have been raised.

 

[anteater]

that OP is not someone who is considered responsible for such expenses anyway ...

And who would those people be?

 

[latigo]

Knowing that the estate WILL end up paying the expenses, up to $3,500, as priority expenses, your advice would seem self-serving, as your client and/or the estate would then be paying you to review said filings and to attend said hearings. The estate loses, the person/entity that paid the expenses loses, and you win.

Bad form.

Well that is fine. (But not exactly startling news that funeral directors enjoy a favored position among some other creditors.)

Anyway, just suppose that the person administering the estate disclaims any obligation to make reimbursement. You are then hired to sue the estate.

How would you frame such a lawsuit?

Considering that your client was under no contractual or legal obligation to pay those expenses, what legal/equitable theory/theories would you advance as entitling your client to a judgment against the estate?

Subrogation by substituting one creditor for another? Unjust enrichment? Would the priority status transfer to such a judgment. I'm asking you Z because frankly I don't know. Maybe you and Aardvark have the answers, but I don't.
____________________

Also, if you choose to allude to padding administrative legal costs, suppose reimbursement is made that renders the estate insolvent to the failure of a specific bequest. And the object of that bequest sues the administrator claiming that reimbursement for an expense voluntarily paid was improper. As you have often commented, "anyone can sue anyone". Any comments here?

 

[anteater]

What is it about funeral expenses that sends some responders here spinning off into another galaxy?

I was going to venture into a lengthier reply, but I'll leave it at:

The Lats approach would result in a astronomical increase in the number of bodies stacking up in refrigerated units while funeral directors wait for someone to sign a contract for the funeral and burial. Cause, sure as shootin', they aren't going to find a whole lot of suckers to sign those contracts if the potential suckers know that they will be asked to pay in 1 - 2 months and then have to wait 6 -12 months to be reimbursed.