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?
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.
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