He's a thief!!!

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carol4

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When my mother passed away and arrangements were made, my brothers did not have any money to split the cost of the funeral 3 ways, so I used the money left to me from a life insurance policy of hers I was named beneficiary.

Before my mom's death she told me, my husband, my children and my brother that her Christmas club savings was to go to my children. I collected the money from the bank then later was told by the bank a lawyer probating the will stated I had to return the money and my brother was to receive it. My brother was named only beneficiary to her will in which she left him her house. He was also named executor when my aunt relinquished her duties. (my brother became impossible to deal with). I didn't know about a will because my brother hid it from me.

I returned the money. My brother refuses to give my children what morally belongs to them. I know legally it does not. (it was not mentioned in the will). He stole this money from my children. Although some may say it was not much, I feel a thief is a thief. If he is entitled to his share then I want mine. My brother and I don't speak anymore by his choice. After what he did to my children I couldn't care less if we ever do.

I am filing a claim with the estate. My brother's attorney stated there is no money left in the estate. All money belonging to my mother after her death was supposed to be put in an estate account so that all claims to the estate could be paid. This money would include the Christmas money $1018.15, a severance pay consisting of $1,450.00 (both of which he grabbed), plus annuities from the union. So, I know there is money in the estate. My brother is not going to voluntarily hand over any money for the cost of the funeral. He still has not returned the money to my children and I know he never will.

So if there was no medical expenses, (blue cross paid 100%) would the funeral expenses have to be paid next before creditors? I only paid for the funeral because I was not going to leave my mother standing up in a corner, although he would have had her in a chair like Norman Bates.

Does anyone know if there an order or law that states what debts the estate has to pay first? (Pennsylvania State) :confused:
 
Funeral expenses are supposed to be paid first, at least in NY. I'd find it hard to believe that this is different in other states since the issues are the same. Why did you pay the funeral expenses rather than the estate? How was this handled?

You may want to document what was stated to you by sending a demand letter with the bill to the attorney. You may also want to make it clear that you hope that the reason for the lack of funds is not due to distribution of the money prior to paying the prioritized creditors. However, I'd like to give the attorney some benefit of the doubt since it doesn't seem that there is a whole lot to gain from aiding the client commit a fraud. Find out exactly where the money went and why the funeral expenses aren't being paid.
 
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