Can Executor pay outstanding debt

JaxMax_2

I'm trying to find this out for my father in law who, so far, wont ask a solicitor about it!

He is the executor for his sister who recently died.

His brother died last year.

Some money is due to go to his dead brother's daughter (his niece) from this sister's estate.

This niece still owes the funeral home for her dad's funeral last year and keeps coming up with excuses why she cant, even though she was the sole beneficiary of her dad's will and got quite a fair amount from it.

The funeral home have now started pestering my F-I-L for the money, even though his neice should be paying it.

Can my F-I-L pay for the funeral expenses (of his brother) from the money that is to go to his niece from this other estate (F-I-L's sister)?

Does that make sense?

Thanks
Jax

vaio

Wouldn’t have thought so, the funeral should have been paid from the brothers estate, a fact you should make clear to the funeral home if they contact you again.

JaxMax_2

Thanks for your reply. The brother didn't leave a will so everything went automatically to his daughter, and now she's refusing to pay for his funeral. We're in the Rep of Ireland and she lives in the North and this is causing probs for the funeral home (apparently) so they're going to his brother, my F-I-L instead.

It was worth a try!

whatatwit

Was the daughter the executor of the estate, I thought that expenses had to be paid before the estate was distributed.

I wouldn't have thought that your FIL could send her money to the funeral home without her permission.
Maybe he could write to her and suggest that the funeral expenses be paid out of her inheritance.

Errata

JaxMax wrote: »

Thanks for your reply. The brother didn't leave a will so everything went automatically to his daughter, and now she's refusing to pay for his funeral. We're in the Rep of Ireland and she lives in the North and this is causing probs for the funeral home (apparently) so they're going to his brother, my F-I-L instead.

It was worth a try!

The law in England, and it may be the same for N Ireland. is that whoever books the funeral is responsible for ensuring the bill is paid.
If the daughter booked the funeral she would have signed a contract with the undertakers which makes her responsible for the bill.
The FIL does not have a contract with the undertakers, so they can't ask him to pay their bill.