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The funeral home that handled services for Chicago Cubs great Ernie Banks has jumped into the legal battle over the estate of the Hall of Famer with a claim for more than $35,000 it says it has not been paid.

Unfortunately, the drama continues for the estate of Ernie Banks. First, there are the accusations that his longtime caregiver, Regina Rice, arranged a secret will that left the entire estate to her and disinherited his family for unknown reasons. Rice says that the will is legitimate, and her attorney recently claimed that the estate has assets of only $16,000. The court has ordered a full accounting as the family believes there should be much more.

Now, the funeral home where services were held for Banks has filed a lawsuit against the estate for $35,000 it says it has not been paid. The Star Tribune has more on the story in an article titled “Funeral home jumps into legal battle over Ernie Banks estate with demand for $35,000.”

One issue should be obvious here. If Rice is correct about the value of the estate, then the funeral home is owed more money than the estate has.

The other issue is a failure of estate administration.

Normally, one of the first things an executor should do is to ensure payment of the deceased’s funeral expenses. The failure to do so allows fees and interest to accrue. If the estate could not pay for the funeral, then a less expensive funeral should have been arranged.

Reference: Star Tribune (March 6, 2015) “Funeral home jumps into legal battle over Ernie Banks estate with demand for $35,000

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Mr. Amoruso concentrates his practice on Elder Law, Comprehensive Estate Planning, Asset Preservation, Estate Administration and Guardianship.