[sotiredofthis]

My father died in January. My younger brother and I paid towards the cost of his funeral, while my sister and older brother did not. We all agreed that my brother and I would receive back the money we paid when the sale of dad's house was finalized in November. (He had previously entered a land contract agreement with the final amount to be paid that month) In accordance with his wishes, the check was made out to my sister as the executor. (There was no real estate, the entire value of his estate was about $9000, of which $7500 was the amount from the house) She received the payment and paid my brother his portion, but is now refusing to pay me my portion. She and I haven't gotten along in a very long time, and while I'm not surprised by this, I am going through a rough time financially right now and could use this money.

My brother is an addict who recently was arrested and is in jail facing a lengthy prison term, so I don't know that he'll be able to help me.

When I contacted her about the money, she stated that the bank had a hold on the money while she waited for paperwork from the house. I know this is false, because she had already paid my brother. I sent another email with a copy of the receipt from the funeral home, along with a note telling her that this money would put food in my kids' mouths, and she did not reply.

Do I have any recourse here? I am not looking for anything except the money I paid towards the funeral.

Any assistance is greatly appreciated!

[ebaines]

If your father had a will it should have directed that his funeral expenses should be paid from his estate. So since you and your brother fronted the money, your sister (as executor) is obligated to reimburse you and your brother from the proceeds of the estate before she distributes any of the remaining assets to the heirs.

[sotiredofthis]

Thank you for your reply! Unfortunately, he left no formal will, just stated to the people that bought the house (his old neighbors) that he wanted my sister to take care of settling the house. Nothing at all (to my knowledge) was put in writing. Of course, she was one of the first people into his house after he passed, so if there was a will, I wouldn't know about it.

She is a less than stellar human being with many convictions of her own... has lost custody of her children, etc. I know if there's any way to weasel out of paying me, she will. She's used to bullying and harassing people to get what she wants... I just literally can't afford to let her have her way this time.

She called me a month ago to say she would be mailing the money the following week. I have emailed her since then, and her reply was that her bank was holding the money while she waited on paperwork for the house. I know this is false, because she paid my brother his portion, and the deed has cleared with the county. She hasn't responded to any other contacts from me.

[Alty]

I don't have any legal advice for you, I just want to tell you how sorry I am for you.

I'm in the same boat. My sister in law is the executor of my late MIL's estate. She passed away almost 4 years ago and we still haven't seen a penny of our inheritance (over $150,000).

From what I've been told, if you can't get her to do the right thing, the only way to go forward is to hire a lawyer to get your money. Without a formal will it will be tough. Do you have anything in writing saying that she agreed to pay you back?

[ScottGem]

If your sister was officially appointed executor the estate had to be probated. If it was then you submit your bill to the probate court and they will require she pay it.