Does my deceased mother will still have to be honored?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Does my deceased mother will still have to be honored?

My mother passed away on March 5, 2018. The first thing it states in her Will that all her funeral expenses be paid by the sale of her home. However, her home is in foreclosure. Since in her Will it is the first thing listed, that her funeral be paid by the sale of her home which is in foreclosure. Will I and her son Jeff be paid back since I paid for my mother’s funetal in full? If so, what do I need to do, to get refunded for her funeral?

Asked on April 6, 2018 under Estate Planning, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Even if some property listed in the will is no longer available, or some provision (s) of the will cannot be fulfilled, the rest of the will must still be followed or honored. So the fact that the home is in foreclosure does not invalidate the will.
You have the right to be reimbursed for funeral expenses from your mother's estate--the assets, including money, she left behind. But if there is not enough to pay for the funeral, you will not be reimbursed; you can only be reimbursed through her estate. If there is little or no money available in the estate and few, if any, other assets, it may be that you will not be reimbursed.
If the home was foreclosed, then it will be sold in a foreclosure sale or auction. IF the sale brings in more money than is required to pay the costs of foreclosure and the sale and also pay off the mortgages, HELOCs, liens, etc., then the surplus money (if any) will go to your mother's estate and can be used to pay/reimburse for the funeral (and then anything left after that can go to her heirs).

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption