Who pays for a funeral?
Funeral expenses are usually paid from the Estate of the deceased and are handled by the Executor. If you are the Executor and you paid for the Funeral Expenses, then you are entitled to be reimbursed from the Estate. If you were not the Executor named in the Will but organised the funeral with the approval of the Executor, then you are also entitled to be reimbursed by the Estate.
If your siblings are the Executors of the Estate and they are refusing to reimburse you for the funeral expenses, then you are able to take legal action to recover your reasonable expenses for the funeral from the Estate. This is not the same as Contesting the Will to receive a larger share of his Estate, but rather an action against the Estate to recover money that you have reasonably paid for the funeral.
Who pays for the costs of selling real estate after someone dies?
In a person’s Will, they will appoint an Executor or Executors who are responsible for the administration of the Estate after the person dies. As well as arranging for the funeral of the deceased, the Executor is responsible for collating the assets and debt of the deceased. This includes the sale of real property if the Will stipulates that the property is to be sold.
Generally, the costs of selling the property, such as agent’s commission and conveyancing fees, will be paid on settlement of the sale, out of the proceeds of the sale with the remainder of the sale proceeds going to the Estate. If you have personally paid the costs of selling the property, then you are entitled to be reimbursed for these costs.
You need to seek legal advice on the best course of action to recover your reasonable costs and expenses from your father’s Estate.
Graeme Heckenberg is an expert Wills & Estates lawyer and will be able to guide and advise you on Wills, Estates and Contesting a Wills.