Yes my step dad died leaving no will. I took care of his funeral and bills, because no family member offer to help. Now cousins and uncles come along that want his property. That's find. Dad and uncle shared ownership of home. Now couins from other side of family want their share. My question is can I sue them for the funeral they did offer to help with.

The costs of the funeral and any outstanding bills should have come from the estate. Was the estate ever probated? Was anyone assigned as executor?

You can put a claim into the estate for reimbursement of your expenses.

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Originally Posted by ScottGem

The costs of the funeral and any outstanding bills should have come from the estate. Was the estate ever probated? Was anyone assigned as executor?

You can put a claim into the estate for reimbursement of your expenses.

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Thanks for your response. Their was no estate to begin with. Just a house that would go back to Uncle F. Then cousins came in from out if the woods. That we never knew. I don't mine paying for the funeral, my step Dad I loved him. But the thought of someone we don't know trying to take what they can get. I turned it over to my UncleF. I have no say so,because I'm a step child. They are fighting themsleves. Thanks for listening. How120

If Uncle F was a joint tenant with right of survivorship, then the home goes to him outside the estate. If it was not right of survivorship, then dad's share of the home goes to his relatives according to the laws of inheritance in your area. So, its possible, that Uncle F will get it anyway. However, if Dad had other siblings beside Uncle F, then they would probably share equally in Dad's share. Without knowing the general location (ANY question of law should include a general location as laws vary by area), can't say what the rules of inheritance would be.

If other siblings of Dad exist who get a share of the house, then the estate will need to be probated and an executor appointed. Uncle F will either need to buy out Dad's share and the proceeds then distributed, or the house will need to be sold to provide a distribution. Or the deed will need to be rewritten so the heirs get their shares.

From your standpoint, as soon, as the estate is probated, you step in and put a claim on the estate for whatever you paid out for funeral and bills. The probate court should order that you be paid before anything is disbursed. If the estate is disbursed by rewriting the deed, then your claim will become a lien on the property and you should get reimbursed when its sold.

If the estate is probated, I advise you to submit your claim.