trusts-and-estates
Beneficiaries as creditors
<p>In my mother's estate there are 5 beneficiaries. When my mom passed away we were unable to get a check from the bank until her will was probated, so we all put in the money for my mother's burial and now my sister who became executrix will not reimburse the burial money to us.</p>

<p>Hiw can we get our money back from the estate, do we sue her or the estate or both?</p>

<p>You don't sue either. You <em>threaten</em> to sue her and the estate. </p>

<p>There is an estate, and you and the rest of the family should benefit from it. If you sue, no matter what the outcome, the estate will lose money. Which in the end is your money. Whether you win or lose in court, you lose money. So suing would be an absolute desperate measure, only if you have no other choice at all. </p>

<p>If you <em>threaten</em> to sue, your sister will either give you a clear and understandable argument why the estate is not refunding the cost (and you can accept that), or hopefully she will figure out that her decision was wrong and pay you. </p>
