Reimbursed for funeral expenses.

since

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Jurisdiction
New Jersey
How do I get reimbursed for funeral expenses?
Am I entitled to be reimbursed for funeral expenses?
I contributed $6700 to my mother's funeral expenses.
I was named a beneficiary on mother's Will. I do not expect to receive any monies. I was a beneficiary on my mother's 401k. I did receive the 401k distribution. My sisters get my mother's condo, car, jewelry, checking and savings account. My sister is the executor of my mother's estate. My sister thinks that my 401k distribution is compensation for the funeral expenses.
 
My condolences upon the loss of your mother.

You won't be reimbursed for any monies used to pay for your mother's funeral.

You aren't entitled to reimbursement because you funded your mother's burial expenses.

It was most generous of you to pay your beloved mother's funeral costs.

That was your choice.

You aren't LEGALLY required to pay your mother's debts, either.

No adult is required to pay the debts of another deceased adult, with the exception for a lawfully wedded spouse.

I suppose you can take some solace in the fact that your wonderful mother willed YOU the balance of her 401K.

May you mourn your mother's passing in peace, taking some comfort at your benevolent gesture of funding her funeral.
 
My sister thinks that my 401k distribution is compensation for the funeral expenses.

It's not.

But Army Judge is correct. It was up to the executor to pay for the funeral out of the estate's probated assets.

You might talk to an attorney (free or low cost consultation) to see if there is any possibility of getting the money back, Just understand that litigating is likely going to cost you thousands of dollars in attorney fees that you won't get back and there doesn't seem to be much of a chance of winning.
 
My sister thinks that my 401k distribution is compensation for the funeral expenses.

It's not. And it is the duty of the estate to pay the funeral expenses. Unless you somehow indicated that you did not want to be reimbursed for the expenses, the estate should at least reimburse a reasonable amount for the funeral expense. I suggest you see an estate attorney about it. It may be that a good legal letter from the lawyer will be enough to shake the money out of that estate.
 
That presumes the buzzards and other carrion eaters haven't consumed the entirety of the estate.

In my experience, buzzards and carrion eaters quickly consume it all.
Oh, I absolutely agree that the OP may have problems (possibly insurmountable) collecting, but she is entitled to reimbursement.
 
I thought that if the executor did not properly pay off the valid debts of an estate before distributing assets to heirs, the executor could be held personally liable. Is this not the case in NJ?
 
I thought that if the executor did not properly pay off the valid debts of an estate before distributing assets to heirs, the executor could be held personally liable. Is this not the case in NJ?
It may be, but the costs of pursuing such a suit may outweigh any amount recovered...it's a close one here. The OP really needs to think about whether the net amount to (possibly) be gained through a legal challenge is worth the costs (financial and emotional).
 
How do I get reimbursed for funeral expenses?

Contact the person handling the administration of the estate of the deceased and ask nicely. You may have to submit a written claim.

Am I entitled to be reimbursed for funeral expenses?
I contributed $6700 to my mother's funeral expenses.

Assuming her estate has enough money to cover that amount, yes.

I was named a beneficiary on mother's Will. I do not expect to receive any monies.

Why?

My sister thinks that my 401k distribution is compensation for the funeral expenses.

She's wrong, unless the will has very clear language to that effect.

But Army Judge is correct. It was up to the executor to pay for the funeral out of the estate's probated assets.

I disagree. Funerals and burials/cremations are typically conducted within a few days to a couple weeks following a death. Rarely would an executor be appointed within that time and have access to estate funds in time to pay those expenses. It is far more typical for a relative to pay those expenses and then seek reimbursement from the estate. "Army Judge's" statements to the contrary are irresponsibly wrong.

I thought that if the executor did not properly pay off the valid debts of an estate before distributing assets to heirs, the executor could be held personally liable. Is this not the case in NJ?

Possibly.

OP: please answer a few questions: When you wrote that your "sister is the executor of [your] mother's estate," did you mean (1) that your sister has been appointed by the surrogate's court to serve as executor or (2) something else. If something else, what exactly did you mean? Also, when did your mother die?
 
Contact the person handling the administration of the estate of the deceased and ask nicely. You may have to submit a written claim.



Assuming her estate has enough money to cover that amount, yes.



Why?



She's wrong, unless the will has very clear language to that effect.



I disagree. Funerals and burials/cremations are typically conducted within a few days to a couple weeks following a death. Rarely would an executor be appointed within that time and have access to estate funds in time to pay those expenses. It is far more typical for a relative to pay those expenses and then seek reimbursement from the estate. "Army Judge's" statements to the contrary are irresponsibly wrong.



Possibly.

OP: please answer a few questions: When you wrote that your "sister is the executor of [your] mother's estate," did you mean (1) that your sister has been appointed by the surrogate's court to serve as executor or (2) something else. If something else, what exactly did you mean? Also, when did your mother die?
 
I did contact my sister who is handling the administration of the state. I did not read the Will until 2 months later and found out that to my surprise that nothing was left to me. I thought everything would have been equally distributed amongst the beneficiaries. My sister does think my 401k distribution is compensation. My sister also got an equal share of the 401k, in addition to the condo, car and savings account. I don't want to spend thousands of dollars to recover $6700.
I would be willing to pay an attorney to draft a letter asking for the reimbursement.
The first line of my mother's Will.
First: I direct that all of my debts and my funeral expenses, expenses of my last illness and the costs of administering my estate be paid as soon as practicable after my death. ..

Follow up questions:
Mail the the letter asking for reimbursement directly to my sister?
Can't I simply take her to small claims court and ask for the reimbursement. It is under 10,000.
Can I ask for reimbursement of legal fees?
 
Follow up questions:
Mail the the letter asking for reimbursement directly to my sister?
I would mail it to your sister as the adminstrator of the estate of your mom. The attorney you pay a few hundred dollars to will know the proper wording.
Can't I simply take her to small claims court and ask for the reimbursement. It is under 10,000.
You would need to take the estate to court.
Can I ask for reimbursement of legal fees?
No. Well, more correctly, you can ask, but you aren't entitled to them, thus the request will be denied.

Edited to add: The 401k, with named beneficiaries, is not a part of the estate. It has nothing to do with the administration of the estate outside of (possibly) counting towards the total value of the estate for reporting purposes.
 
I did contact my sister who is handling the administration of the state. I did not read the Will until 2 months later and found out that to my surprise that nothing was left to me. I thought everything would have been equally distributed amongst the beneficiaries. My sister does think my 401k distribution is compensation. My sister also got an equal share of the 401k, in addition to the condo, car and savings account. I don't want to spend thousands of dollars to recover $6700.
I would be willing to pay an attorney to draft a letter asking for the reimbursement.
The first line of my mother's Will.
First: I direct that all of my debts and my funeral expenses, expenses of my last illness and the costs of administering my estate be paid as soon as practicable after my death. ..

Follow up questions:
Mail the the letter asking for reimbursement directly to my sister?
Can't I simply take her to small claims court and ask for the reimbursement. It is under 10,000.
Can I ask for reimbursement of legal fees?
 
Everyone thank you for your feedback and response. My other siblings talked some sense into my sister and she is going to reimburse me.
I'm glad to hear that she is making the right decision.
My condolences to you, as I should have said in the beginning. Thank you for updating us.
 
Before asking follow up questions, please answer the questions I asked in my prior response. The questions I asked matter for purposes of your follow up questions, and I didn't just ask them for funsies.
To be fair, the questions are moot. The problem has resolved itself.
 
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