Estate Law Questions? Ask an Estate Lawyer.
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I am very sorry to hear of your loss, please accept my condolences..
Who paid for the cost of the funeral?
How long ago was ex appointed as Administrator (if no will) of the estate?
Ok, then in Kansas, you would have the right to file a "creditor claim" against his estate for reimbursement of the funeral expenses as that is something his estate is liable for. Creditors in KS have up to 4 months to file a claim with the Executor/Administrator of the estate to be reimbursed for debts owed by the deceased or by the estate.
So you can file a creditor claim with the ex for repayment of the funeral expenses. You just need to write something up stating that this is a formal notice of a creditor claim for $XXXXX and then attach any receipts or invoices from the funeral home for the cost of the funeral expenses. Then you mail it to her first class and certified mail and mail a copy to the probate court clerk referencing the case so it can be put in the file.
She would have a legal duty to pay off that debt before anyone else gets anything because funeral expenses get paid before anything else....even other debts.
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I am not sure I understand your comment... I work strictly on the website and am not sure if you saw my post about "creditor claims" and how you could be reimbursed for the funeral costs..
Ok, I am not sure what else you would be seeking from the estate if the costs will be reimbursed. You initially stated you would like the truck so it could be sold to cover the funeral expenses. If you are being reimbursed from the estate, then you will have gotten what you asked for.
The truck is owned by his estate now, not you since you gifted it to him. And if it had to be sold to pay estate debts, i.e. the funeral cost reimbursement, then the Administrator has the power to do that...
Anything that is left over after all debts are paid would go to his children to be divided evenly.
Ok, best of luck to you, but the law is crystal clear here about debts and who inherits..