Columbus, GA asked in Estate Planning and Probate for Georgia

Q: My friend died and I paid to bury her. Can I get paid back from her estate before the money is paid to beneficiaries?

I know that she has money in the estate.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In the situation where you've paid for your friend's burial expenses and you believe there are funds in her estate to reimburse you, it's important to understand the legal process for handling debts and distributions from an estate. Generally, creditors, including individuals who have paid for funeral expenses, may have the right to seek reimbursement from the deceased person's estate before the remaining assets are distributed to beneficiaries. However, the specific laws governing creditor claims and estate distributions vary depending on the jurisdiction where the estate is being administered.

To seek reimbursement from your friend's estate for the burial expenses you've paid, you may need to file a claim with the probate court overseeing the estate administration process. This claim typically involves providing documentation of the expenses incurred, such as receipts or invoices related to the burial arrangements. The probate court will then review the claim and determine its validity, considering factors such as the amount of the debt and the available assets in the estate.

It's important to be aware that the priority of creditor claims against an estate can vary depending on state laws and the specific circumstances of the case. In some cases, funeral expenses may be considered a higher priority debt and paid before other types of creditors. However, if there are insufficient assets in the estate to cover all debts, creditors may not be able to receive full reimbursement. Seeking guidance from a legal professional familiar with estate administration and probate law can help you navigate the process and understand your rights and options for seeking reimbursement from your friend's estate.

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.