When my Mom died last year, my sister had POA. She said Mom wanted a formal repast (I know she didn't) and my other sibling agreed. The funeral was prepaid.... Mom was no dummy! The repast and related expenses cost about 4,000. This included my sister's outfit for the funeral, a battery for the car my Mom always drove but belonged in title to my brother and incidentals.
My question is: When my sister, the POA (which no oneknew ended at my Mom's death and she told everyone she was POA, hence making the decisions) told me I needed to email her saying my 1/3 would be paid back out of the life insurance proceeds, I did. And I did pay back the money from my check from the ins co.
Shouldn't those expenses come from the estate, not the life ins as I now know life ins is NOT part of the estate.
Do I have any means of recourse after the check was sent and cashed? Can I get my 1500 bucks back or is it a moot point considering said sister is Administrator for the estate? I guess I shouldn't have signed that paper either. Please help.
Estate Planning Attorney
You are correct that the expenses of the estate should come from the estate. You should consult an attorney in your mother's area to make sure you have the exact provisions of the law.
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Wills and Living Wills Lawyer
The point you raise may not be a moot point. If you sister was appointed Administrator of the estate (by the way, did your mom die a resident of NJ or another state?) then the estate probably has assets. If you are a beneficiary of the estate, your sister has to account to you. On the settlement of the account, you can raise your claim.