Renunciation - still get reimbursed for funeral expenses?

[deaddog]

Our mother just died in NJ, 1 brother is executor and gets bulk of small (<500,000) estate, other 3 brothers (including me) get remainder. I would like to give up all of my rights in the estate because its not worth the hassle of dealing with my dysfunctional family. But, I am the one who paid for the funeral out of pocket. Under the will, the estate is supposed to reimburse whoever paid for the funeral. My question is whether I can file a disclaimer of my rights under the will in exchange for a payment of the funeral expenses? I'm concerned that my disclaimer/renunciation won't be effective because I am, essentially, getting some benefit from the estate in the form of funeral expense reimbursement.

Anybody have any wisdom, including, hopefully, citations to NJ statutes or cases ? The money is so small, I'd really prefer not to get lawyers involved (note that the executor brother is a lawyer but the level of dysfunction is so high that I can't expect cooperation or unbiased advice).

 

[Zigner]

Submit copies of the bill(s) for reimbursement. I don't understand the logic behind not taking the money...either way, you'll have to deal with your family. In any case, let the administrator know your wishes, in writing.

 

[xylene]

You're not wanting to 'deal' sounds more like passive aggressive monkey wrenching.

 

[HRZ]

Practical answer may be if you renounce you give up leverage to get expense reimbursement .....and you need to submit a timely bill for all the funeral expenses to executor lest delay gives executor a reason to ignore you .

ME, I'd get my full share per the will and then donate whatever to Moms or my favorite charity

 

[Whoops2u]

You are a beneficiary for the money you would inherit. You can disclaim that and the money goes back to the estate.

You are also a person with a claim for the money you spent on funeral expenses. Reasonable Funeral expenses are the first to be paid in NJ if there is an insolvent estate. You can not follow the procedure to make a claim on the estate and the money will stay in the estate. If you make a valid claim for funeral expenses, you should be paid first.

 

[Just Blue]

You're not wanting to 'deal' sounds more like passive aggressive monkey wrenching.

OP openly admits to growing up in the Township of Dysfunction Junction.

 

[deaddog]

Thanks for the replies -- but, to be fair, this was a pretty specific legal question. There appear to be pretty strict rules about disclaimers under NJ law and I want to make sure I follow them. If any of you are familiar with those rules, I'd appreciate input.

And, to be clear, I'm not complaining about the armchair psychoanalysis -- this is an internet forum, after all, and everybody is free to take their shot. I'm always willing to listen.

 

[Just Blue]

Thanks for the replies -- but, to be fair, this was a pretty specific legal question. There appear to be pretty strict rules about disclaimers under NJ law and I want to make sure I follow them. If any of you are familiar with those rules, I'd appreciate input.

And, to be clear, I'm not complaining about the armchair psychoanalysis -- this is an internet forum, after all, and everybody is free to take their shot. I'm always willing to listen.

80% of Americans will admit to having a dysfunctional upbringing ...The other 20% are lying to themselves.

 

[LdiJ]

Thanks for the replies -- but, to be fair, this was a pretty specific legal question. There appear to be pretty strict rules about disclaimers under NJ law and I want to make sure I follow them. If any of you are familiar with those rules, I'd appreciate input.

And, to be clear, I'm not complaining about the armchair psychoanalysis -- this is an internet forum, after all, and everybody is free to take their shot. I'm always willing to listen.

I am not sure why the disclaimer is so important to you? It seems to me like you would have to deal with them less if you just let the probate process happen.

 

[HRZ]

Explain why it makes sense to disclaim rather than just sit back and get paid and donate as you see fit to a charity ifmsuch be your desire.

 

[Just Blue]

Per your posting history you are an attorney with 40+ years under your belt. Why are you posting on a forum with, for the most part, laypersons advising?

Did you EVER read the TOS?

 

[Just Blue]

PxHx is a must.