Zigner
Well-Known Member
That's a fair enough thing. I had actually posted my post when I realized that must have been what happened
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Reimbursed for funeral expenses.
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My sister is really resisting reimbursing me. A little stubborn.
Follow up answers.
My mother died April 23, 2022
My 2 sisters were appointed executors via the Will. Not court appointed.
Only one sister is really fighting to reimburse me. The sister that is getting the condo.
Follow up question.
I did not pay for the funeral directly. I don't know if this makes a difference. I wired her the money with the "tag" Funeral. Does this make a difference as far taking her to small claims?
Follow up answers.
My mother died April 23, 2022
My 2 sisters were appointed executors via the Will. Not court appointed.
Only one sister is really fighting to reimburse me. The sister that is getting the condo.
Follow up question.
I did not pay for the funeral directly. I don't know if this makes a difference. I wired her the money with the "tag" Funeral. Does this make a difference as far taking her to small claims?
zddoodah
Well-Known Member
A will can nominate an executor (or co-executors). However, the nominated executors have no authority to act as such until and unless appointed by the court to serve in that capacity. This is the first time in this thread that you've mentioned co-executors. If your sisters (plural) have managed to gain control of liquid assets of the estate, then why can't the one who wants to reimburse you do that?
Also note that the time for submitting a claim against an estate is often very limited. I don't know specifics about New Jersey law, but I'd suggest that you submit a formal claim, in writing, as soon as possible.
Substantively, no.
Ok. I am not sure of the process in NJ for getting the court appointment for the executors. Is it just a matter of filing the requisite paperwork with court? I am assuming she already has the authority. She was able to get the 401K distributed. Negotiating with the hospital for the medical bills.
Zigner
Well-Known Member
The 401k was distributed by the company that manages the 401k. It was distributed because there were named beneficiaries. Your sister needed to do nothing except to (properly) notify the company of her passing.
Good question. The sister that is agreeing with me, is waiting for the other sister to get on the same page. I really don't want to wait too long, since it is very time sensitive. I will draft a letter to both sisters for the funeral expenses.
Zigner
Well-Known Member
Neither sister owes you the money. Your mother's estate owes you the money. Your letter is...premature.
Understood.
Point taken. When should I write the letter? After the court notifies me that the executors have been approved?
PayrollHRGuy
Well-Known Member
I don't know that this is 100% true. While the estate certainly owes for the funeral the OP didn't wire the estate the money.
I found this guide. Guide To Creditor Claims In New Jersey Estates | Probate Stars
I don't want to pay $$$ to recover $6700. This is a DIY project. I have represented myself in court on 2 occasions, 1 - 1. I should really be 2 - 0. I am software engineer by trade with a degree in computer science and economics. It does not seem really too complex. I just need to figure out the procedural steps.
According to
I don't want to pay $$$ to recover $6700. This is a DIY project. I have represented myself in court on 2 occasions, 1 - 1.
I should really be 2 - 0. I am software engineer by trade with a degree in computer science and economics. It does not seem really too complex. I just need to figure out the procedural steps.According to
I was shooting in the dark on this one. It seems like an angle. What is "OP"? total noob.
army judge
Super Moderator
I found this guide. Guide To Creditor Claims In New Jersey Estates | Probate Stars
I don't want to pay $$$ to recover $6700. This is a DIY project. I have represented myself in court on 2 occasions, 1 - 1.
According to
Absent an IOU (or other document/request) from the estate administrator/administrix, acknowledging that you were loaning the estate the money to pay for your mother's funeral; you have nothing to convince a small court judge that the monies you expended to bury mother was a loan.
So far, based upon your recitation of events, it appears you funded the funeral more out of love, gratitude, and respect for the only person on the planet who gave you life, your mother.
I see no evidence revealed SO FAR to indicate the $6,700 was anything other than a gift.
Good luck.
cbg
Super Moderator
OP - Original Poster - you
Ok. It looks like I can't go the route of the small claims court. It is more than the $3000. I think my best is file a claim against the estate. It seem unreasonable for a person to gift an estate. She has also said I will be reimbursed from the estate. She contends that my 401K distribution is compensation. Does that not prove that she knows it is not a gift? She has said this statement to my brother and sister.
I looked up the legal definition of a gift.
Elements of Proof for a Gift | LegalMatch.
Zigner
Well-Known Member
The OP sent the money for the funeral to her sister, who is nominated as the representative of the estate (which hasn't been formally established yet). The OP has a claim against the estate for those expenses.
Are we 100% sure the estate hasn't been formally established? The OP also said that the sister was negotiating with the hospital regarding over the medical bills, which I don't think she could do without being the executrix. The sisters may have done whatever they needed to with the courts but didn't inform the OP since the OP isn't an heir according to post #12.
As was explained, the 401k direct distributions to the beneficiaries are not part of the probate estate. Assets with direct pay on death beneficiaries, such as life insurance policies, 401k/IRA accounts, bank accounts, other investment accounts, etc. are not part of probate and the estate executors should not be concerned with them.
I did get an email about establishing executors.
My other sister Caroline is really struggling with explaining fiduciary responsibilities. I am sympathetic to both. It is definitely a learning process. Caroline wants to hire a probate attorney to help her navigate the waters. Debbie the other sister does not want to spend the money or reimburse. Very difficult and ugly.
I am named as a beneficiary but the car, condo, jewelry, savings and checking accounts go to my 2 sisters. I am not contesting the Will. The car and jewelry are not mentioned in the Will but my 2 sisters said that Mom's wishes were that they get the jewelry and car. I am ok with them getting the assets.
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Zigner
Well-Known Member
It really doesn't matter for the question of funeral expenses.
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