QUESTION
If I do not have a will, who will be responsible for my burial expenses and any properties I have?
Asked on Nov 30th, 2012 on Estate Planning - Maryland
17 ANSWERS
Trust Attorney serving Cincinnati, OH
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Paul A. Nidich Attorney at Law
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Do a Will!
Answered on Apr 14th, 2013 at 8:19 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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The Personal Representative will have to reimburse the person who paid for your funeral from your property.
Answered on Dec 09th, 2012 at 8:35 PM
3 Awards
Your estate is responsible to pay for your burial. Your estate may be administered by a close relative or the public administrator if no one steps forward. This person must be appointed by the court before obtaining legal authority to act. It is in your best interest to make a Will and name your chosen personal representative to avoid delays in burial, to leave your assets to whomever you choose,
Answered on Dec 03rd, 2012 at 1:40 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your estate will. Your assets will be gathered, your debts paid, and the remainder distributed in accord with the law. I strongly suggest you see an attorney to determine what will happen and if you desire a will or trust.
Answered on Dec 03rd, 2012 at 1:39 PM
Shadi Ala'i AlaiShaffer
The Probate Court. You need to have a complete Estate Plan. Meaning you need a Revocable Living Trust and other important estate planning documents to protect you and your sons and assist with those matters.
Answered on Dec 02nd, 2012 at 6:57 PM
Anyone who petitions the probate court can be appointed administrator of your estate. Your sons will have priority if they want to do it. If not, then a creditor will probably do it and get paid for doing it.
Answered on Nov 30th, 2012 at 1:39 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Your estate would be responsible, whether you have a Will or not. If there are no assets to make up an estate, then either your children would pay from monies they otherwise receive as a result of your death, (such as life insurance or joint accounts).
Answered on Nov 30th, 2012 at 1:38 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Your sons will inherit equally, subject to any expenses of last illness, funeral, debts you leave. But why not have a will? It's not that expensive, and you can make gifts to charity, people other than your sons.
Answered on Nov 30th, 2012 at 1:38 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Your sons will be liable for the burial expenses and share equally in any properties you leave; if the estate is large enough, then a probate administration will be required of the assets.
Answered on Nov 30th, 2012 at 11:32 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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One or both of your sons will need to advance funds to pay for the funeral. This can later be reimbursed by your estate, before the net proceeds are divided between them.
Answered on Nov 30th, 2012 at 11:31 AM
Thomas Edward Gates
One of your sons can be appointed by the court as the Administer of your estate.
Answered on Nov 30th, 2012 at 11:29 AM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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Your estate will pay for your burial expenses. The transfer of your property will have to go through probate. Either of your sons can petition the court to be the administrator of your estate, or both of them can petition to be joint administrators. I would recommend that you have a will or other estate planning prepared for you, so that the transfer of your estate goes smoothly and at minimal cost. Probate can be expensive, especially if there is any dispute among the heirs.
Answered on Nov 30th, 2012 at 11:28 AM
Whoever undertakes that task will be responsible for the costs. Ultimately your estate could be responsible to reimburse the cost Why not get a Will prepared as they are generally not expensive and the process is fairly simple.
Answered on Nov 30th, 2012 at 11:27 AM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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If you do not have a will, your estate goes by operation of law. Your two sons would inherit your estate. One or both would be appointed personal representative by the probate court to collect all the assets, pay the debts and then distribute out the net proceeds to the two. Please note that a will does not avoid probate. All you assets, unless there are beneficiary designations, would go through probate. With a will, you can name your personal representative. You can also state whether the personal representative can serve without posting a bond in the amount of personal property. Note that in Saint Louis County the Probate Court now requires the bond to be posted in the amount of the real and personal property. Normally one of your two grown sons would have to sign the contract with the funeral home and be personally responsible for the funeral expenses. However, the funeral expenses can be reimbursed to the son who paid them by making a claim with the probate estate through the probate court. You can do a pre-paid funeral to avoid this. Some people donate their bodies to medical research to cut down on the funeral expenses (if you do donate your body, you have to make arrangements ahead of time with the institution and the only cost usually is the transportation from the hospital to the institution). With the real estate you can do beneficiary deeds that avoid probate. However, these deeds need to be recorded prior to your passing away. A beneficiary deed will still give you the right to sell the property without getting the beneficiary(ies)' permission. You can do payable on death in regard to your bank accounts and certificates of deposit.
Answered on Nov 30th, 2012 at 11:26 AM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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Whatever assets you own at the time of your death, including house or condo, bank accounts, insurance, investments, vehicles, etc. will be responsible to the extent of their value at the time of your death, for the costs of your burial, the administration of your estate and the payment of any debts. The probate code provides a list of classifications of claims which may be against your estate (even if you don't have a will, you will have an estate and the probate court will appoint a personal representative to handle this if you don't have a will). There are nine categories of claims and they must be satisfied in the order of their priority until all are satisfied or there are no further assets from which to satisfy the claims.
Answered on Nov 30th, 2012 at 11:26 AM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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Whether you have a will or not, your estate is responsible for paying your burial expenses. Under the intestate statute, your estate (including your properties) would pass equally to your sons. Your sons also would have priority to serve as personal representative of your estate.
Answered on Nov 30th, 2012 at 11:25 AM
Hopefully at least one of your sons will take care of your funeral. The sons will inherit equally. If you have assets, you should do a trust to avoid probate.
Answered on Nov 30th, 2012 at 11:25 AM