Do I have to pay for funeral of last living in home that was trusted to me?

UPDATED: Oct 1, 2022

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Do I have to pay for funeral of last living in home that was trusted to me?

I am being told that I am responsible for my uncle’s funeral. My uncle lived in my grandfather’s home after my grandfather passed. Once my grandfather passed his home was trusted in my name upon me turning 21. My uncles name is not on any ownership of the home. Am I responsible to pay for my uncle’s funeral with any money received from the sale or rental of owned home?

Asked on March 5, 2019 under Estate Planning, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you are not legally responsible to pay for your uncle's funeral: someone living in a home given or in trust for you does not obligate you to pay for their funeral. You'd only have to pay for it if the trust documents required the proceeds from the property to be used for this purpose (since the terms of a trust are enforceable) or if you contracted with the funeral home or cemetary and so voluntarily took on the oligation to pay.

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 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.

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