Chicago, IL asked in Probate for Kansas

Q: Can a wife recoup funeral costs from her husband’s probated estate?

Husband died intestate, and owned property outside of the marriage. His estate went into probate. The wife paid for the funeral, but then just filed a claim against the estate to be reimbursed. Is that legal?

Related Topics:
1 Lawyer Answer
Scott C. Stockwell
Scott C. Stockwell
  • Probate Lawyer
  • Lawrence, KS
  • Licensed in Kansas

A: In Kansas, payment of final expenses of the decedent would be expenses the estate would be obligated to pay. A proper claim would need to be made within the time allowed.

The spouse also has rights to request a share of the estate under different statutes, including spousal allowance, homestead, and spousal share. The spouse should consult with an attorney immediately. There are time limits that would apply.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.