Can money be taken out of an estate topay for funeral expenses?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can money be taken out of an estate topay for funeral expenses?
My mom has passed. She had me take money out of her account to help pay for funeral. Should the money be returned to her bank account since it is part of her estate or can we use this money to help pay for her funeral? She died in debt and she has no property except for an old car.
Asked on December 6, 2011 under Estate Planning, Rhode Island
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, depending upon the terms of a Will or trust moneys can be and typically are paid by one's estate. Usually a surviving spouse or child advances the costs for a funeral and the claim for its reimbursement is then submitted to the executor or executrix for reimbursement which ordinarily is approved and paid.
In your situation, it seems that your mother advanced the money for her funeral while she was alive by giving you it. The advanced money should be used to help pay for her funeral. Make sure you keep all receipts and invoices for the funeral expenses.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.