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Barrister
Barrister, Attorney
Category: General
Satisfied Customers: 36242
Experience:  16 years practicing attorney, Realtor, 26 years landlord
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If a person dies and someone other than a relative pays the

Customer Question

If a person dies and someone other than a relative pays the funeral expenses can they go back legally and get the money from the exwife that is collecting the deceased social security?.
Submitted: 1 year ago.
Category: General
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If someone advanced money to the estate to pay for funeral expenses, then they have the right to recover that money from the deceased's estate unless there is some other type of agreement in place for someone else to pay.

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But if there is no money in the estate to reimburse the person for the money, then they can't hold the surviving spouse liable for those costs unless they agreed in writing to repay them because only the deceased's estate is liable for the estate debts.

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But even if the spouse did agree to repay, social security is not able to be garnished in a legal action under federal law.

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thanks

Barrister