Can I sell my sister's cars to cover her funeral costs?

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?

Answer:

In Pennsylvania, funeral expenses can be paid from the estate's assets before other debts. According to Pennsylvania law (20 Pa.C.S.A. § 3392), if the estate lacks sufficient funds to cover all claims, the personal representative must pay expenses in a specific order. Funeral and burial costs are prioritized after administrative costs and family exemptions.

Since you paid for your sister's funeral, you may be able to sell her vehicles to recoup those costs. However, if the estate has outstanding debts, creditors will also seek payment from the estate's assets. It's advisable to consult with a probate attorney to navigate this process and ensure compliance with state laws.

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.

FAQs

In Pennsylvania, the order of inheritance is determined by the state's intestacy laws. If a person dies without a will, their assets are distributed to relatives in a specific order: first to children, then to parents, siblings, and further relatives. If there are no relatives, the estate may go to the state. It's essential to consult local laws to understand the precise order of inheritance for a specific situation.