Ask SAM: Can my stepmother refuse to pay my father's funeral expenses?
August 9th, 2022
Question:
My father has been married to my stepmother for about 40 years. She recently told my sister and me that when Dad dies she's going to drop all the funeral expenses on us. Can she do that? — D.F.
Answer:
Not really. Mike Wells, a local attorney, explained how funeral expenses are handled.
"Funeral expenses are paid out of one's estate assets as a debt of the estate if there are sufficient assets in the estate to pay them. If there are not sufficient assets, the person who contracts with the funeral home and who signs the contract for those services is liable.
If the father's will leaves anything to his wife, the funeral expenses would be paid first. If the father does not have a valid will when he dies, his wife would be entitled to a share of his net estate assets as his spouse, by law, but she would not receive anything until the funeral expenses are paid.
If there are not sufficient assets in the estate to pay the funeral expenses, and no person is liable for those expenses by contract, the debt to the funeral home would be unpaid, unless someone voluntarily pays the funeral expenses."
Posted in: Ask SAM: Legal Questions & Advice