Full question:
my sister passed away while living in P.A. she is unmarried and had no children. There is no will and no money. She did own 2 vehicles worth approx. 3,000.00. She did not own any property. She owes about $40,000. worth of debt. I paid for her funeral costs with my own money. Can I sell the cars to reimburse myself , or do the creditors receive the money first?
- Category: Wills and Estates
- Subcategory: Intestacy
- Date:
- State: Pennsylvania
Answer:
Funeral expenses may be paid out of the assets of the estate before other creditors. Please see the following PA statute:
20 Pa.C.S.A. § 3392. Classification and order of payment
If the applicable assets of the estate are insufficient to pay all
proper charges and claims in full, the personal representative, subject to
any preference given by law to claims due the United States, shall pay
them in the following order, without priority as between claims of the
same class:
(1) The costs of administration.
(2) The family exemption.
(3) The costs of the decedent's funeral and burial, and the costs of
medicines furnished to him within six months of his death, of medical or
nursing services performed for him within that time, of hospital services
including maintenance provided him within that time, of services provided
under the medical assistance program provided within that time and of
services performed for him by any of his employees within that time.
(4) The cost of a gravemarker.
(5) Rents for the occupancy of the decedent's residence for six months
immediately prior to his death.
(5.1) Claims by the Commonwealth and the political subdivisions of the
Commonwealth.
(6) All other claims.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
