Who Pays Funeral Expenses

[daddydune]

What is the name of your state (only U.S. law)? California
My question is who pays for funeral expenses when there is a surviving spouse?
Issue:
Mother dies, leaving a surviving spouse and a son (me). In her will I inherit everything she has power over. Surviving spouse is not mentioned. She excluded any future heirs to her estate including from marriage in the will. The will was created before this current marriage.
There's no cash in the estate just the house they lived in (joint tenancy) and a house she owned in her name only (from before the marriage) that I live in.
The will also ask funeral expenses be paid. The surviving spouse paid the funeral expenses after death and is now asking to be reimbursed.
Where in the civil, probate code could I find out if the estate has to pay these or is the surviving spouse responsible for them? How does a court look at it?
If there were no surviving spouse then it would come out of the estate but with a surviving spouse is it different?
Thanks so much for your help.

 

[seniorjudge]

The surviving spouse paid the funeral expenses after death and is now asking to be reimbursed.

That's correct; the money comes off the top of the estate. It is paid before anything else.

 

[tecate]

Look at Probate Code Section 11420 and 11446.

 

[aanubis]

The surviving spouse paid the funeral expenses after death and is now asking to be reimbursed.

That's correct; the money comes off the top of the estate. It is paid before anything else.

You are absolutely correct**************...although CA has some funky laws that many other states do not. It is common and expected for the estate to re-imburse as a priority and in the op's case, the surviving spouse can submit proof of payment for re-imbursement.

I think it's also possible for the surviving spouse to contest the will since it was written prior to the marriage. I have personal experience with this in IL at a small business I worked at. The will was written prior to the second wife, and she did get 1/2 of what he left, even though she wasn't named. Again, that was IL.

 

[anteater]

Look at Probate Code Section 11420 and 11446.

Tecate -- You told this poster the same thing 9 months ago. Apparently, it did not sink in.

 

[tecate]

LOL Sometimes I don't check the poster's history**************

 

[Dandy Don]

What is going to happen with the home? Is it going to be sold or rented out?

If there is no cash in the estate, then unfortunately he can't be reimbursed for the funeral home.

But you truly need to be consulting with an attorney. Because the spouse almost certainly will have rights to a portion of the home. Your mother may have not known that she should have updated her will (after she got remarried) to include some type of bequest to her husband. Perhaps the husband is unaware of what he may be entitled to as a share of this estate, but your attorney can tell you. Whether he asserts his rights or not is up to him.

DANDY DON IN OKLAHOMA ([email protected])