Legal Question in Wills and Trusts in New Jersey
Who is responsible for funeral expenses & debts?
If a parent leaves their home to only one of his children, is the home still considered become part of the estate? If so, is the child required to pay funeral expenses and outstanding debts from the estate even if this requires the sale of the home? There is no life insurance or other assets of any real value. There are other children.
1 Answer from Attorneys
Re: Who is responsible for funeral expenses & debts?
All assets of the decedent are part of his/her estate, including real estate. The estate is responsible for the debts and funeral expenses, and this is usually provided for to be paid from the estate assets in the Will. If the only estate asset is the house, the recipient is responsible for the payment of these expenses, even if it means the estate assets need to be sold. This does not mean that the family, if they can agree, cannot arrange for the payment of these expenses outside of the estate.
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