Do I have to pay for funeral of last living in home that was trusted to me?

I am being told that I am responsible for my uncle’s funeral. My uncle lived in my grandfather’s home after my grandfather passed. Once my grandfather passed his home was trusted in my name upon me turning 21. My uncles name is not on any ownership of the home. Am I responsible to pay for my uncle’s funeral with any money received from the sale or rental of owned home?

Asked on March 5, 2019 under Estate Planning, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, you are not legally responsible to pay for your uncle's funeral: someone living in a home given or in trust for you does not obligate you to pay for their funeral. You'd only have to pay for it if the trust documents required the proceeds from the property to be used for this purpose (since the terms of a trust are enforceable) or if you contracted with the funeral home or cemetary and so voluntarily took on the oligation to pay.


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