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A single brother of mine dies and leaves a large checking…

Customer Question
A single brother of...

A single brother of mine dies and leaves a large checking account which a niece claims she paid the funeral expense from a portion of the account and now wants to be repaid from his other assets. The niece and my brother's names were on the checking account. He had a total of 4 siblings.

Lawyer's Assistant: Estate laws vary by state. What state are you in?

Florida

Lawyer's Assistant: What documents or supporting evidence do you have?

A list of assets supplied by the petitioner and a petition to extend time for final filing by the court of Duval county.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My brother died in April, 2016 and the Final accounting and a petition for discharge was to be completed by December 31,2017. My brother had no will.

Submitted: 6 months ago.Category: Estate Law
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Answered in 1 minute by:
12/28/2017
Estate Lawyer: Loren, Attorney replied 6 months ago
Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 38,760
Experience: 30 years experience in the practice of estate law.
Verified

Thank you for using JA. I am Loren, a Florida licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

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Estate Lawyer: Loren, Attorney replied 6 months ago

My condolences for your loss.

Are you asking if the niece has a claim against the estate for the funeral costs she paid, even though paid from a joint account?

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Customer reply replied 6 months ago
No I rather get your answer by E-mail.
Estate Lawyer: Loren, Attorney replied 6 months ago

Thank you for the additional information.

Actually, she does have a valid claim against the estate.

The funeral expenses are a priority claim.

The money used to pay the cost was your niece's money and became hers automatically as the surviving owner of the joint account.

So, she did pay for the funeral out her personal funds and is entitled to reimbursement from the estate.

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Estate Lawyer: Loren, Attorney replied 6 months ago

Are you still online with me?

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Estate Lawyer: Loren, Attorney replied 6 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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