In the event of the death of a person receiving public assistance from the MFIP, the district authority attempts to contact the spouse or next of kin of the deceased. If the Agency is unable to communicate with a spouse or next of kin, and the deceased`s personal preferences or religious tradition practices are not known, the Agency will pay for the cremation of the remains and the burial or burial if the spouse or next of kin does not wish to take possession of the ashes. If the district authority contacts the spouse or next of kin of the deceased and it is determined that the cremation does not correspond to the personal preferences of the deceased or the practices of the religious tradition of the deceased or the personal preferences of the spouse or next of kin of the deceased, the district authority will pay an amount for funeral expenses, including transport of the body to or from the deceased. Municipality in which the deceased lived not exceeding the amount paid for comparable services under section 261.035 plus actual cemetery costs. No cremation, funeral or funeral expenses are paid if the estate of the deceased is sufficient to pay these expenses or if the spouse who was legally responsible for the maintenance of the deceased during his or her lifetime is able to pay these expenses. The free choice of funeral director is granted to persons legally authorized to organize the cremation or burial of such a deceased beneficiary. In determining whether the estate is sufficient, due regard shall be had to the nature and market value of the assets of the estate. The county authority may grant cremation, funeral, or funeral expenses if the sale would result in an unreasonable loss to the estate. Any amount paid for cremation, burial or funeral expenses constitutes a priority claim against the estate as provided for in section 524.3-805, and any amount collected will be reimbursed to the Agency that paid the costs. The officer shall establish reporting requirements, including tax reporting, in accordance with paragraph (p) of section 256.01, paragraph 2. The State`s share pays the entire expenses of the district authority. Benefits shall be provided to beneficiaries by the state or county, subject to the provisions of section 256.017.
This person can be named in a notarized legal document – often in an advance directive or will. Under the VA Act, this designation takes precedence over all other dependents, who generally have the legal right to make arrangements. By assigning someone responsible for the funeral arrangement, you can avoid many potential conflicts in cases where family members cannot easily agree on the service plan. We have blank copies of this design form available here at Tharp Funeral Home & Crematory for free. If you want one, contact us and we will email you a copy. Legally, the only person who has to pay for the funeral is the one who signs the contract with the funeral home. For this reason, it is important to have a plan on how funeral expenses will be paid before signing contracts for the service. If you`ve exhausted all your resources and still can`t afford a funeral, the funeral simply won`t take place. The law does not require a person to have a funeral, even if they request it or if it is indicated in their will. If the funds are not there, there will be no funeral.
It is important to know that if a bank is informed of a customer`s death, it can temporarily freeze their bank account. However, many banks are willing to release funds to finance funerals. Did you know that there are assistance programs for those who cannot afford the funeral? From private charities to local programs, you don`t understand what`s available until you ask for it. Your first step is to look at the Medicaid Funeral Service to see what`s available in your area. Funeral planning brings to light many complicated emotions. Not only do they face grief and sadness, but they also have to get their financial assets in order. If your loved one hasn`t planned their funeral, it`s a new challenge for grieving families. If there are no funds in the estate to pay for the funeral and the family refuses to pay for them, there will be none. There is no legal obligation to perform a funeral service. However, if the person does not have a fortune, it is a little more complicated. Funeral expenses are the responsibility of the executor or administrator of the estate.
The executor is named in the deceased`s will and is responsible for planning and arranging the payment of the funeral. This is usually a spouse or close relative. If no executor is named in the will (or without a will), the probate court chooses an appropriate person, often the next of kin alive. The funeral home is paid out of money from the deceased`s estate before the funds or property are distributed to the heirs. If the estate alone is not enough, children can use their own funds or those of other families to pay for these expenses. Executors must check to see if the deceased has a funeral plan. If this is the case, you may need to rent certain funeral homes or take a specific funeral package with you. You should also check to see if they have funeral or life insurance that pays for funeral expenses, or a personal employment or retirement system that offers a lump sum payment for funeral expenses.
If the deceased had a life insurance policy with a named beneficiary, they are not part of the estate.