Can a wife demand repayment for funeral expenses from the executor of a will

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a wife demand repayment for funeral expenses from the executor of a will

My brother has recently died and his son is the executor of his will. My
brother’s second wife his first wife died has told his son that she wants to
be reimbursed for funeral and miscellaneous bills. Is this legal?

Asked on September 14, 2017 under Estate Planning, Iowa

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am so sorry for your loss. So generally speaking the funeral expenses of a person are the responsibility if the deceased person's Estate. And the funeral bill is a priority lien, meaning that it gets paid first. Was your brother still married to the second wife at the time of his death?  Does your brother's Will leave assets to those other than his second wife?  Likely the children from the first marriage?  Then I think that the second wife may have the right to request reimbursement from the estate. It sounds strange but unless the law in Iowa is very different, legally it is not her responsibility.  It is the responsibility of the estate.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption