Legal Question in Wills and Trusts in New York
Will I HAVE to pay for my father's funeral?
My uncle recently passed away, and brought me in relative contact with my father, who had previously estranged himself from the family. Under the circumstances, I was brought to consider HIS eventual death and funeral. Will my siblings and I be required to pay his bills and funeral costs? What if we are unwilling to?
5 Answers from Attorneys
Re: Will I HAVE to pay for my father's funeral?
You have no legal obligation to pay his debts or funeral expenses. If he has assets at the time of death they will be used for those purpose.
Re: Will I HAVE to pay for my father's funeral?
You have no legal obligation to arrange a funeral for your father or pay for your father's funeral so long as the arrangements were contracted through other family members without your permission. However if your father left a will before any proceeds are distributed, normally there is a clause dealing with payment for funeral expenses off of the top of the estate. Also if there is no will, before any property is distibuted, any creditors to your father will have a right to settle up with the estate including, potentially, a funeral provider if the services were contracted prior to the death of your father.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
Re: Will I HAVE to pay for my father's funeral?
Children are never legally obligated for the debts of their parents. If your father has any assets currently, you may want to discuss the pre-payment of funeral & burial expenses. This is a good option to safe guard assets from Medicaid and, the the price for the funeral services will be at todays rates and will not increase.
If you father dies with out any assets, there may be some small social security, VA, or County funds avaliable to pay for very limited services.
Please feel free to contact me for more information @ (716) 856-4022
Re: Will I HAVE to pay for my father's funeral?
You will not have to personally pay for these items, as they will be his estate obligations. If you are named a personal representative for his estate, you will be required to pay them, not personally, but as the estate representative and only from his assets, unless you personally guaranty the payment (which you are not required to do). If he has insufficient assets to pay his funeral or outstanding bills, do not assume this responsibility.
Re: Will I HAVE to pay for my father's funeral?
No. Only his estate is responsible for his debts and funeral expenses, unless you or your siblings agree to make payment.
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