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The answer to this question depends on the laws of the state in which the death occurred; therefore, no single answer can be given here. It may be generally stated that funeral expenses become the responsibility of the person who makes the arrangements with the undertaker. That person signs the contract, which routinely provides that that person is responsible for payment. Even though the person making the arrangements is ultimately personally liable for the expenses, state laws permit a reasonable amount of funeral expense to be charged against the estate. If the arranger contracts for too elaborate a funeral, beneficiaries would be permitted to object to the full expense being charged to the estate. If a court disallows the entire expense out of the estate, the person who made the arrangements would be personally liable to the funeral director for the excess over what the court deems to be reasonable. For indigent decedents, states will have explicit laws governing imposition of funeral expenses upon persons who do not make the arrangements themselves. As an example of one statutory system, in New Jersey, if no one comes forward to make arrangements, the deceased is considered an unclaimed body. The county government in which the body is located will bury the body and charge the decedent's estate with the costs. If the decedent left no estate, the county will bury the body and the cost will be paid in the following manner: 1. If the decedent is an adult leaving a surviving spouse, the spouse will pay the cost; or 2. If the decedent is an unemancipated minor leaving a parent, the parent will pay the cost; or 3. if in the cases above, there is no surviving spouse or parent, the county will simply pay the cost of the burial. Thus, at least in New Jersey, if the children do not make the arrangements themselves, they are not responsible to pay for the funeral expenses. Of course that means that they are abandoning the parent's body and they have no say in how the body is buried or cremated.

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14y ago
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12y ago

Only the estate is responsible, not the children. However, if you signed any of the paperwork, you may have become the guarantor of the debt. And the estate must pay off any debts before they can distribute any funds.

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11y ago

Morally, yes. However, that would only be in the case the deceased person had not left funds of their own to pay for the funeral, such as a life insurance policy. Legally, if the children have no funds and their are no funds from the estate, then most governments make provision to pay for a basic funeral of a deceased with no means to pay.

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11y ago

I don't know in our case my ex my children's father worked part time receiving social security disability so that caused a $26,000 overpayment divided by two kids = 13 grand per child. Divorced I didn't know their dad was working so I filed a waiver which they returned to him in error. I moved then filed two more waivers so I didn't hear back for 14 months. Now my oldest child age 19 years was approved for SSI disabled from birth so now she is on the hook for the 13 grand! Tomorrow we plan on visiting the SSA office in person to file the fourth waiver so I guess they try to stick the overpayment on the child once they are an adult.

We typed a letter stating my daughter is without fault and the overpayment would cause her to become homeless and starve to death so this time we plan on getting proof of us filing the waiver because even sending the waiver certified mail SSA claims I only filed ONE waiver. We will not leave until we have that proof in our hands plus get the reconsideration paperwork to file plus request a hearing in front of the judge. At the last hearing the judge heard testimony about her disability so we were not allowed to discuss anything else. Now SSA says the judge ruled she must pay back the 13 grand even though this wasn't the case.

As the mother I was the payee so a child whether their parent is dead or not should not have to pay back any overpayment since they were a minor and the payee was their parent. SSA doesn't honor this so it will interesting to find out their excuse tomorrow I can't wait. I will make sure we request a hearing this will not be the end.

Just file the waiver in person make sure that rep. for Soc. Sec. gives you proof most of the times they won't so it's frustrating to say the least. Without fault & you must state if you have to repay this debt it could leave you homeless & hungry!

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16y ago

No, but usually the Estate will have to pay them before passing on any inheritance to the children.

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Q: Are children responsible for paying funeral expenses?
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