What to do if I’m the beneficiary of my late mother’s checking account and the heirs of the estate are asking me to pay for her funeral expenses?

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What to do if I’m the beneficiary of my late mother’s checking account and the heirs of the estate are asking me to pay for her funeral expenses?

This even though there is plenty of money in the estate. Am I entitled to the money in the checking account even though the will states that all assets, including any POD accounts, are to be considered part of the estate?

Asked on April 2, 2013 under Estate Planning, Georgia

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 11 years ago | Contributor

If there is an administrator in the estate, the administor is responsible for paying the funeral expenses from the estate assets as provided by law or as provided through the will.  If you are the administrator, you should be safe from challenges by complying with the will.  It might also help you to read the information on the Georgia Probate Court website.  You may also consider consulting an attorney if you are the administrator.  You may be able to take this consultation cost from the estate.   

Victor Waid / Law Office of Victor Waid

Answered 11 years ago | Contributor

You may be stuck with the language in the will; however, generally, you as the named beneficiary would be entitled to receive the monies from the account. Tell the heirs, the executor of the will can pay the funeral expenses out of the assets of the estate. Don't let the heirs buffalo you on this. stand firm, and say no. Their may be a future hearing on this matter, so if you cash the account, set the money aside until you have received your share of the estate without any deduct.


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