Funeral expense reimbursement

[MellieP]

What is the name of your state? MA

I told the estate attorney I want to make an official claim for reimbursement for funeral expenses. This was paid for by a life insurance payout from my mom. We made the claim, and before we got the payout, we allowed the funeral home to request a cut to pay their expenses.

The attorney responded to my request for a claim:

"I represent the Estate, and therefore the Personal Representative of the Estate. I cannot provide you with legal advice. As you know, the Estate does not have sufficient funds to pay all known creditors. You will need to consult with an attorney of your choosing for your own legal questions. "

This is puzzling as I did not ask her a question. Who do I make a claim with if not her, and do I need an attorney?

 

[LdiJ]

You didn't need to start a new thread for this. You just need to let things go. The estate is insolvent.

 

[MellieP]

You misunderstand, LdiJ. I need to make a claim to show that the estate owes me more money than they claim I owe. It needs to be on record. It has nothing to do with trying to get money or "not letting things go." I wouldn't see any money from the claim. That's what insolvent means.

 

[LdiJ]

You misunderstand, LdiJ. I need to make a claim to show that the estate owes me more money than they claim I owe. It needs to be on record. It has nothing to do with trying to get money or "not letting things go." I wouldn't see any money from the claim. That's what insolvent means.

I do not misunderstand. I know that you know that you won't see any money. In my opinion you are way over worrying the issue. You are letting your brother get you all worked up over nothing that is going to have any impact on you.

 

[MellieP]

Easier said when you don't know how truly evil my brother is. There's a reason I didn't speak to him for 9 years. He is extremely abusive and you'd think the fact that I have abusive emails from him as the executor, that I could so something about that, but nooope. He allowed me to take most of the stuff from my mom's house and all I see is a hellstorm coming, since he has every right to tell me to give it all back. I spent half my inheritance moving it out to CA. It would be deliciously cruel for him to tell me to give it back. He'd stroke a white cat on his lap and laugh maniacally about it.

 

[HRZ]

As an aside question, who was the benificiary of that policy ?

Look, file claims with the executor , stand in line as set by law as to priority of claims . Funeral expenses are near front of line but NOT first in line, that's executors / atteneys fees and costs and commissions .

 

[LdiJ]

Easier said when you don't know how truly evil my brother is. There's a reason I didn't speak to him for 9 years. He is extremely abusive and you'd think the fact that I have abusive emails from him as the executor, that I could so something about that, but nooope. He allowed me to take most of the stuff from my mom's house and all I see is a hellstorm coming, since he has every right to tell me to give it all back. I spent half my inheritance moving it out to CA. It would be deliciously cruel for him to tell me to give it back. He'd stroke a white cat on his lap and laugh maniacally about it.

And you would tell him that it has all been donated and cannot be returned. You do NOT have to communicate with him at all if you do not want to. He cannot abuse you if he cannot talk to you. How much do you think that the things could have been sold for at a yard sale? That is the maximum risk that you are looking at and I don't think you even have that much risk.

 

[quincy]

You didn't need to start a new thread for this. You just need to let things go. The estate is insolvent.

Here is a link to MellieP's other thread where this same matter was discussed:
https://forum.freeadvice.com/threads/does-writing-loan-in-a-check-notation-prove-there-was-a-loan.649922/

 

[MellieP]

Thanks, Quincy, but the reason I posted a new thread was because I simply did not know how to file the claim. It's a separate question, I wasn't trying to keep the same conversation going. I thought we were supposed to tell the attorney. Apparently not. Now I'm told I have to file it in court, which means I can't because I'm out of state.

My brother and I were both the life insurance beneficiaries.

I am not communicating with him, I cut him off for being hostile. I'm just concerned he will say there's $5k worth of furniture or something that I took which is not true.

For some reason the attorney emailed me with forms saying she filed for insolvency today. Is she doing that to block me from giving her any receipts and invoices? She usually never emails me anything.

 

[HRZ]

The insurance proceeds were your money( 1/2 was ) not part of the probate estate ....now if you unwisely used your money to help the estate pay some of its expenses, file a claim for same with the executor so it is in line.....but under the insolvency picture you paint, expect zero odds of seeing a dime .


NO! In theory you cannot do self help math to offset what you might owe estate with what estate might owe you. ...but I doubt anyone is going to spend a lot of unpaid billable time on that quest or question.

 

[MellieP]

Really? So if the estate owes me over twice what they claim I owe the estate, that doesn't get taken into account? Absurd!

And I wouldn't say it was "unwise" so much as I was told by the executor that I would get reimbursed. I've never dealt with a situation like that, that doesn't make me a moron for trusting the process.

 

[Zigner]

You will be reimbursed in accordance with your standing as a creditor.