How do the poor cover funeral expenses?
Funeral Expenses - Who Pays for the Funeral?
Who pays for a deceased person's funeral?
Inheritance law considers numerous aspects apart from the distribution of inheritance and assets. A particularly important point that many relatives have to face after the occurrence of the inheritance, i.e. the death of the testator: Who actually pays for the funeral? Depending on the wishes of the deceased or relatives, a burial can quickly cost more than 1,000 euros.
Regardless of the amount of funeral costs: Who ultimately pays them, defines the German Civil Code (BGB) - at least if no mutual agreement between the relatives regarding the costs incurred for the funeral is possible. The following is the answer to the question: Who will have to pay for the funeral?
Obligation to pay costs: who pays the funeral expenses?
There is always a cost for a funeral, but who has to pay for it?
In § 1968 BGB is the short and concise answer to the question: Who has to pay for the funeral? The following applies:
The heritage bears the costs of the funeral of the testator. "
Here it is basically similar to the Estate liabilities, i.e. the debts for which the testator was also liable with his estate. Before a community of heirs can divide the inheritance among themselves, they must first all liabilities are settled. If there is anything left after the debt has been paid off, this inheritance will become part of the Hereditary dispute divided up.
The Funeral costs arise in the reason sometimes also to the deceased. So you fall as a liability in the estate. If there are heirs who do not reject the inheritance, they must also bear the funeral costs. Who exactly pays when several heirs exist are? Usually all in equal parts. For the sake of simplicity, however, the heirs can choose to have the funeral take the required amount from the estate.
Examples: Who pays the funeral expenses?
Has your brother died? Who pays for his funeral?
- The testator has two children and a husband. Since the spouses are living in divorce, the divorce falls out of the line of succession. The children now ask themselves: Who pays for their mother's funeral?
- Answer: The two children of the deceased have to bear the costs as they are the only heirs of the woman.
- The testator has a son and his wife. Due to the broken relationship with his pupil, he disinherited him as part of his will. The wife is the sole heir, but demands that the son contribute to the funeral costs. If in doubt, she would otherwise deduct the amount from his compulsory portion. So who pays for the father's funeral?
- Answer: The wife, since she is the sole heir. Although the son is entitled to a compulsory portion despite being disinherited, he is not considered an heir. For this reason, the portion cannot simply be reduced by the funeral expenses.
- A man leaves behind his wife and three children. The relationship with them, however, was already shattered during his lifetime. For this reason, too, everyone rejects the inheritance. At the end of the day, only the deceased's sister remains, who wants to take over the family home they own. Who pays for the brother's funeral?
- Answer: The sister of the testator is the only heir and has to bear the costs of the funeral according to § 1968 BGB.
Who pays the funeral expenses in the event of insolvency?
No heir to pay the funeral expenses? Who pays in this case?
An heir is not always able to bear the funeral expenses. But who pays in the case of Insolvency and over-indebtedness of the estate? If the heir cannot pay the funeral expenses, the Obligation to pay costs passed on. The same applies, for example, if there is no inheritance. The following persons or institutions can then be held liable for the costs of the funeral:
- the person facing the deceased obliged to maintain was (straight line related or spouse) or
- the person who does the Causes death of the deceased has (for example after a bodily harm resulting in death) or
- the Social fundif there is no solvent heir or person liable for maintenance. Relatives can apply for a social burial here.
Insurance against death
Funeral costs: The testator can determine in advance who pays.
Do testators want to relieve their own heirs and anticipate possible disputes regarding funeral costs with the question: “Who has to pay?” different possibilities to disposal:
- Within the framework of the will it can already be determined that the Funeral costs taken from the estate or a certain legacy bears the burden.
- You can ... a Death benefit insurance which also cover the funeral costs in the event of inheritance.
- You can already have one Reserve a grave place, plan your own funeral with an undertaker and already cover the costs - or at least deposit them in your own account.
As macabre as it may sound to one or the other: For the relatives and also for the testator, the prevention in this case substantial advantages. There is no quarrel over the question: who pays for the funeral? You can plan your own funeral as you wish. The work of mourning becomes easier for your loved ones because they are not burdened with the burden of burial decisions and costs.(60 Ratings, average: 3,88 of 5)
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