Legal Question in Wills and Trusts in California
Funeral Expenses
When one spouse dies is the other spouse responsible for funeral expenses.
Asked on 10/02/01, 9:46 pm
1 Answer from Attorneys
Chris Johnson
Christopher B. Johnson, Attorney at Law
Re: Funeral Expenses
The short answer is no. The longer answer is that the deceased person's estate is responsible for the funeral costs--the estate is the separate property and one-half of the community property owned by the deceased person. The surviving spouse's separate property and his/her half of the community property need not be used to pay the funeral expenses.
Thus, if someone else paid for the funeral expenses, they are entitled to reimbursement from the deceased person's estate.
Answered on 11/07/01, 6:35 pm