If my recently deceased mom had no assets except about $4000 excess money in a funeral Trust, how do we claim that money?

This money is what is left after her cremation expenses have been paid.

Asked on November 1, 2014 under Estate Planning, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  Was this a trust that was created by an attorney or was it a trust in that the money was deposited with a funeral director to be held for her services?  Either way the funds should be able to be claimed but how depends on the terms of the trust, etc. The trust could state how the excess funds are to be distributed.  You need to look.  If they were just held "in trust" by a funeral director then they should be returned to the "estate" which will be a small estate proceeding in Probate Court.  Good luck.

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