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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 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.

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