Legal Question in Wills and Trusts in Texas

Funeral Expenses

My nephews dad died. He had a will and left his estate to the boys. The step mother paid for the funeral, which she completely planned and is now trying to say the boys owe her for the funeral. Are they responsible for any of the funeral?


Asked on 2/02/05, 5:20 pm

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: Funeral Expenses

Yes, within reason. The estate is responsible for paying the last obligations of the deceased. That includes funeral expenses, so long as they are reasonable. If the boys had made all the plans, they would be responsible for giving up their portion of the estate to cover those plans.

Since the stepmother did all the planning, the question is whether she went to extremes. There's also a question whether she received insurance money from his death. That's not part of his estate. If the stepmother received insurance proceeds, that helps cover any outstanding community debts.

She's responsible for any funeral expenses over that which is reasonable. If there wasn't enough to cover in the estate, the boys would not be personally liable for any shortfall.

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Answered on 2/02/05, 6:22 pm


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