My condolences. If your expenses were legitimate (which it appears that they are very legitimate), you should be reimbursed by the Executor for the costs expended.
Unfortunately, it sounds like there may me more going on here (to me at least). Without more background (i.e., amounts expended, reasons why you are not being reimbursed, etc.) as to what the real issues are here, I would be remiss in suggesting that you pursue any legal remedy.
Has anyone given you any explanation as to why you cannot be reimbursed?
Good luck in your quest - talking to a lawyer does tend to clarify the real issues - and I would suggest that you do that first.
Although we invite you to contact us and welcome your calls, letters, and electronic mail, please remember that this information is for informational purposes only, and does not create an attorney-client relationship. This website is not intended to be the rendering of legal advice for specific cases, you should not act upon this information without seeking professional counsel, and you should consult an attorney for advice regarding your individual situation. Good luck. John
Yes. If your step-son won't voluntarily reimburse you out of the estate, file a claim in the register of wills. Filing a claim is a relatively simple matter. You might want to see a seasoned probate lawyer and show him or her the prenuptial agreement to see if you validly waived your right to take against his will. While there, the lawyer can draft up a claim to file in the Register of Wills office.
Absent something in the prenup that obligated you to pay for the funeral costs (that would be very unusual), you're likely entitled to reimbursement from the estate. Filing a formal claim with the Register of Wills is a good thing to do and it's pretty simple. If you don't get paid within a month or two, consider filing a petition to compel an accounting by the estate. That petition can be filed any time after 6 months from the date the estate advertising first runs in the local paper. You'll need a lawyer to help you with that, but hopefully the estate will pay you before that becomes necessary. Good luck.
Get our best tips and attorney advice in our 3-part prenup email series.