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Generally, no. The executor is technically a position which has to be formally appointed by a court representative. A person's will "nominates" or suggests an executor, but that person isn't the executor until the court order is issued. The funeral arrangements must be handled shortly after death at the latest (pre-planning can be done, advance funeral trusts established, etc. by those who really want to take care of their family). No one will usually be instated as the executor until after the funeral. Family members are typically responsible for the funeral arrangements. Most states have statutes which describe, among other things, who has a right to make decisions about the deceased persons body. They usually follow a predictable pattern (spouse, children, parents, siblings...). Any member of the American Academy of Estate Planning Lawyers should be able to assist you with such an issue. My practice is in Pittsburgh as The Estate Planning Centers at The Coulter Law Offices LLC. Please remember that this is a general discussion only, and is not intended as legal advice upon which anyone should rely. Moreover, I'm typing this reply off of the top of my head as a courtesy, not as a researched answer to your situation. You should consult with a lawyer or appropriate professional regarding you own specific facts and circumstances. Mark T. Coulter, J.D.
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∙ 14y ago
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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.
Is the oldest child in charge of the parents funeral arrangements?
No it's the person that is paying for the funeral or an executor of the deceased's estate.
Who is responsible for the funeral arrangements in Hinduism?
imam
Does the father or children of the deceased take precedence in making funeral arrangements?
What does the will say? Who is executor of the estate? Were any plans made by the deceased?
What is the responsibility of an executor in a will?
An executor is the person (or people) who is/are responsible for settling the details of a deceased person's estate (ie debts, taxes, cost of the funeral arrangements and applying for a grant of probate) and after all the above are settled, distributing the residue of the estate as laid down in the will. The executor could charge a fee for doing this job and should keep good records of what has been done
Is executor responsible for deceadents debt?
The executor is only responsible for paying the decedent's debt up to the amount of the assets left. An executor sees that the funds available get paid to the right people. The funeral home is one of the first businesses that get paid.
Will funeral homes accept assignment of life insurance?
No, not normally, the deceased's next of kin or executor is responsible to pay for the funeral by encasing any life policies.
When your father dies who is responsible for the funeral?
The family of the deceased should make the funeral arrangements in accordance with any directives left by the parent. Costs for the funeral and other services are then paid out of the estate funds.
Are estranged adult children responsible for a parents burial?
No, the estate is responsible for all debts, including those of the burial. However, if the children sign the contracts for the funeral arrangements, they may be responsible.
Is the executor fees calculated after funeral expenses or before?
After funeral expenses
If a waiver of statutory right to make funeral arrangements and designate final dispostion is signed by a surviving child over to the decedent's mother who is financially responsible for the burial?
The estate will be responsible for the burial costs, but the person making the arrangements may be held liable.
Can family members be forced to pay cremation cost when the will is not settled?
That depends on the circumstances. Who called the funeral home to remove the body? Who made the funeral arrangements? Who signed the contract? If someone went to a funeral home and made arrangements for a funeral then they have usually signed a contract making them responsible for payment. Whoever made the arrangements should pay and try to get other family members to share the cost. If there was no money to pay for a funeral then arrangements for a funeral shouldn't have been made. In many jurisdictions the city or the county pays for the burial of indigent decedents.
