I paid for most of my mothers funeral. The total cost was 6200, Brother paid 700 dollars and sister paid 1000. This is all they could give at the time, as her death was sudden.

I am trying to be reimbursed via her estate, she has a mortgage free coop and we are in the process of selling the coop. She had no will or life insurance.

My brother is now stating that he did not wish the "type" of funeral. He stated he wanted no viewing and my sister and I did. He is not willing to pay more when we probate the estate. I have asked for the difference to be paid back to me. Do I have the legal right to get reimbursed? Or can my brother protest and send this issue to a judge? I live in Florida.

Thanks in advance
Terri

Your brother is not paying ANYTHING, the estate is reimbursing you for the money you advanced, they will reimburse each person who contributed to funeral in the amount they contributed. This affects your brother only in that the amount distributable by the estate will be lessened.

Who is the executor for the estate? That person has the responsibility for determining the what creditors to pay from the estate.

If your brother doesn't believe you should have spent as much on the funeral, he would have to file a protest in probate court against the charge and let the judge rule. If two of the three heirs had agreed I believe the judge would ratify the charge. And this is really nit-picking. How much more did having a viewing cost? Even if it was 1/3 the cost of the funeral, that is $2K. Divided three ways, we are talking $700. That means without the viewing your brother would have gotten $700 more out of the estate. If you want to avoid him going to court offer to give him the extra.