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Funeral Expenses for Intestate Sovent Estate - Maryland

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liSADOESEARTH

Junior Member
What is the name of your state (only U.S. law)? Maryland

My mother died without a will in Maryland. She had no insurance policy. I paid close to 9000.00 for her funeral expenses. It was just me and my sister. My mother had $25,000.00 in a bank account, but we could not get hold of it before the funeral so, I paid the expenses. The ironic thing is that my mother had said no arguing between us, so I stood aside, let her select everything and paid from money in my savings account and a credit card. When my sister went to the court to file as personal representatives, I completed the forms for repayment of funeral expenses. I was only requesting $7,000.00 the cost of the funeral home and cemetary. The clerk threw away my request for repayment of funeral expenses, crossed out where I requested $7,000.00 (I had receipts) and said for smalll estate only $5,000.00 is allowed. I had contacted their office before and was told if the estate is solvent then I can get back what I paid. Now my sister declines to provide half to put my mother's name on the tombstone. Is it true that I am only allowed $5,000.00 when the estate is solvent? The only bills my mother had were utility bills which I paid on my own. Can I request this money from the estate? If I were to go and get her name put on the tombstone can I request what I paid for this? My sister and I actually already split the money leaving $5.00 in the estate, but I told her that if debtors came up, she would have to make sure she had her half of the money. It seems unfair that although my mother had $25 thousand and I paid close to $9 thou for the funeral expenses, I only get five though and then we both each get 10 thou. Really only six thou for me since I coughed up the funeral expenses. When I go get her name on the tomb it would be even less. I am furious. Towards the end of my mother's life, I paid most of her bills. I gave her 14 thou, so she could remain independent, my sister continuously borrowed money without paying. If the estate is solving, can I get back money for putting her name on the tomb stone? How about flowers and the limo which was costly? Thanks!
 


anteater

Senior Member
Reading the Maryland code, it appears that you should have able to claim the funeral expenses:
§ 8-106. Funeral expenses.
(a) Payment.- Subject to the priorities contained in § 8-105 of this subtitle, the personal representative shall pay the funeral expenses of the decedent within six months of the first appointment of a personal representative.

(b) Allowance.- Funeral expenses shall be allowed in the discretion of the court according to the condition and circumstances of the decedent. In no event may the allowance exceed $10,000 for an estate administered under Title 5, Subtitle 3 or Subtitle 4 of this article, or $5,000 for a small estate administered under Title 5, Subtitle 6 of this article unless the estate of the decedent is solvent and a special order of court has been obtained. If the estate is solvent and the will expressly empowers the personal representative to pay the expenses without an order of court, an allowance by the court is not required.

(c) Petition of creditor.- If the funeral expenses are not paid within six months, the creditor may petition the court to require the personal representative to show cause why he should not be compelled to make the payment. If the court finds that the claim is valid, it shall fix the amount due and shall order the personal representative to make payment within ten days after the order is served upon him. If the personal representative does not have sufficient funds, the claimant may at a later date resubmit his petition when the personal representative has sufficient funds.
You may need to consult with an attorney to find out what you can do at this point.
 

JETX

Senior Member
You need to read and understand the information at the following:
Register of Wills for Maryland
and
Administration of Estates in Montgomery County, Maryland

In the above, you will find that:
"Funeral expenses shall be allowed in the discretion of the court. In no event may the allowance exceed $10,000 ($5,000 if decedent died before 10/1/05) unless the estate of the decedent is solvent and a special order of court has been obtained. If the estate is solvent and the will expressly empowers the personal representative to pay the expenses without an order of court, an approval by the court is not required."
To recover expenses from the estate, you will need to fill out and submit an RW-1130 form (Petition and Order for Funeral Expenses). A copy should be available online or from the court.
 

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