who is responsible for burial exoenses

UPDATED: Oct 1, 2022

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who is responsible for burial exoenses

I am a power of attorney for a non-relative
elderly nursing home patient who has no
assets. What do I do first

Asked on October 19, 2017 under Estate Planning, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The "estate" is responsible. The estate is an artificial legal entity created by law to handle final expenses, the deceased's unpaid bills, and the distribution of his/her assets (if any); in a sense,   it is conceptually similar to a trust, in that it is something that holds and manages property, pays bills, etc. The funeral burial expenses should be paid by the estate, from the deceased's remaining assets (e.g. any money he had in the bank when he died). The estate is under the control of the executor appointed by the will (if there is one) or the adminstrator or personal representative appointed by the court (if there is no will), who can use the estate money for final expenses and to pay any unpaid bills, then distribute the rest to whomever inherits.
Note that a Power of Attorney ceases when the person making it dies; it has no power or authority post death.

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.

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