can an executor of a will ask a beneficiary for money to pay for the funeral expenses?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

can an executor of a will ask a beneficiary for money to pay for the funeral expenses?

10,000 was in the deceased person’s bank account. The executor paid
the remaining balance of credit card bills, etc. and now says there is
no more money in the bank account to pay the mortuary bill. Now the
executor wants me to pay half of the bill. The TOD benefits have been
made to me.

Asked on March 22, 2019 under Estate Planning, Arizona

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A beneficiary is not responsible to pay for any bills or debts of the person from whom they are inheriting. An executor can ask for money but the beneficiary is under no legal obligation to pay it. That having been said, the executor can use estate funds to pay for such expenses to such extent that it is available.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

He can "ask"--anyone can ask--but you are not obligated to pay. Beneficiaries are not personally responsible for the deceased's bills, including funeral expenses. The executor can only require use of the estate's funds; when the estate's funds are used up or insufficient, the beneficiaries have no liability.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption