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Most wills have a provision providing for payment of funeral expenses out of the proceeds of the estate. Check the deceased's will to see if this indeed is the case. If so, a beneficiary (or any other person for that matter) who pays the funeral expenses should be reimbursed. As a side note, the expenses associated with the funeral are usually deductible expenses when filing the estate's inheritance tax return. Check with either an estate attorney or the register of wills (or Orphan's Court) of the county where the will was probated (or will be probated). You should be able to get the answers you need from the register of wills.
Wiki User
∙ 13y ago
Wiki User
∙ 13y agoIn most cases the debts of the deceased, including funeral expenses, are the responsibility of the estate. The estate, or its beneficiary should reimburse any valid debtors before giving any of the assets away. Consult a probate attorney in your jurisdiction for help.
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If no beneficiary is named and there is a will and durable power of attorney can the person named receive the life insurance be assigned to the funeral home to pay the burial costs?
First, the Durable Power of Attorney was extinguished when the principal died. You can no longer use it. The authority to handle the estate assets is in the executor. If no beneficiary was named on the life insurance policy then the proceeds will be made payable "To the estate of Jane Smith". In that case the proceeds are part of the estate. The appointed executor would have the authority to cash the check and pay the funeral expenses.
If there is no money to pay funeral costs in the estate who is responsible?
If there is no money to pay funeral costs in the estate the executor is not personally responsible. The estate can be sued to have any assets sold and the funeral home is paid first.
Should the executor be compensated for his costs of attending the funeral?
That seems pretty cheap to me. I would hope the court would not approve it.
Can a 50 percent life insurance beneficiary be forced to pay 50 percent of the funeral costs?
There is no requirement that they do so. The life insurance is a contract between the deceased and the company.
Can an executor find ways to keep one of his sibling from receiving an inheritance as outlined in the will by directing executor fees toward that sibling's allotment or other methods?
An executor must adhere to the instructions outlined in the will and distribute assets according to the deceased person's wishes. Using executor fees to reduce a sibling's inheritance or manipulating the distribution of assets would likely be considered a breach of fiduciary duty and could result in legal action against the executor. It is important for the executor to act in a fair and transparent manner during the estate administration process.
Will buying funeral insurance cover all expenses?
More than likely, no. As the costs of funerals rise over the years, loved ones may still have to dip into a major life insurance policy to help pay for a funeral. The funeral home is usually listed as the beneficiary.
Does the beneficiary of a life insurance policy have to pay for the deceased funeral cost or should the estate pay for it?
The beneficiary of a life insurance policy is not responsible for paying for the deceased's funeral cost using the money from the proceeds of the life insurance policy. The estate of the deceased is responsible for paying for the funeral cost from the proceeds of the estate.
What if there is not an estate to pay for the funeral does the beneficiary of life insurance policy have to pay?
The life insurance is part of the estate not separate from it. In the UK and most other countries, all debts starting with the funeral expenses must by law be paid first from a persons estate. Once all funeral costs, debts and expenses are paid from the estate, only then can any monies be paid out (if there are any left after payment of such bills and expenses).United StatesWhen the decedent named a beneficiary on a life insurance policy the payout goes directly to the beneficiary and is not considered part of the estate. Being a named as a life insurance beneficiary does not oblige the beneficiary to pay for the funeral. The next of kin, if any, must pay for the disposition of the body. If the beneficiary is also a next of kin you may be successful in suing them for their share of the expenses.
Can you explain who is liable for funeral expenses from this i give devise and bequeath all the remainder of my real and personal property wheresoever and whatsoever to which may be entitled?
In this scenario, the individual specified bequests for specific items of property, leaving the rest to the residual beneficiary. The person inheriting the remainder, known as the residual beneficiary, typically assumes responsibility for funeral expenses unless it is specifically stated otherwise in the will. It is advisable to consult with a legal professional to clarify the specific obligations in this context.
Can you claim money put into deceased parent estate for funeral costs?
In most cases there will be a will. That will should include an executor and/or an attorney to deal with finalisation of all debts of the estate before disbursement. Provided there are sufficient assets, the attorney should be able to confirm acceptance of the bill for the funeral costs. In the first instance speak with the executor of the estate to determine this. Sadly, it may be that although the deceased has some assets, occasionally there are far more debts to cover than assets can provide. This presents a challenge for any other costs. However, numerous countries and regions have laws in place to ensure that the funeral cost is considered primary in settlement before other debts.
Could I get Medicare to reimburse the purchase of a used handicap van?
A handicap van is not consideres a medical necessity. Medicare does not cover or reimburse you for the costs of a handicap van.
Can you hire an attorney to challenge an Executor's decision regarding the estate?
In the United States you can if the executor is not performing the functions of an executor properly. An executor can be sued to either remove him as executor, to surcharge him for losses he may have caused to the estate or to force him to do what he is supposed to, like transferring assets. If an executor causes monetary losses to the estate, he can be sued to make him reimburse the estate for the losses either from his own pocket or from his statutory commissions. All states in the US have statutes that govern the duties of executors and spell out the remedies beneficiaries and third parties have.
