Liability for Funeral Expense

Question 1

List the order of liability for funeral expense

Answer 1

Estate
Spouse
Parent
Any person who signs
Government (last resort)

Question 2

The ability to meet financial obligation is known as

Answer 2

Solvency

Question 3

The ability, capability, or fitness to do something is known as

Answer 3

Capability

Question 4

A debtor is relived of total liability for its debts by making court approved arrangements for partial repayment in this situation

Answer 4

Bankruptcy

Question 5

What are the three concerns with liability for funeral expense

Answer 5

Solvency
Capability
Bankruptcy

Question 6

What is the primary obligor of the funeral expense

Answer 6

Estate

Question 7

Real property and personal property owned at the time of death

Answer 7

Estate

Question 8

Land and anything attached to it

Answer 8

Real Property

Question 9

Anything tangible or intangible such as personal effects, furniture, automobiles, jewelry, money, stocks, bonds, insurance proceeds payable to the estate

Answer 9

Personal Property

Question 10

The Estate is primarily responsible to pay

Answer 10

reasonable and necessary expenses

Question 11

This can be sold to pay funeral expenses

Answer 11

Property

Question 12

This is a high priority in the list of claims to be paid, being 2nd or 3rd debt to be paid

Answer 12

Funeral Bill

Question 13

In MD, this is the maximum to be paid without a court order

Answer 13

$10,000

Question 14

Any amount in excess of $10,000 requires this

Answer 14

Petition

Question 15

This, with provision for payment, is enforceable against the estate if sufficient assets

Answer 15

The Will

Question 16

This is measured in relation to the size of the estate

Answer 16

Reasonableness

Question 17

List the reasonableness factors

Answer 17

Size and Solvency of the Estate
Rights of Creditors
Station in life of the decedent
Religious Faith
Decedent's Fraternal Memberships
Local and Contemporary Customs
Funeral Director's Knowledge of the financial condition of the decedents

Question 18

Collection against the Estate can be delayed, often up to

Answer 18

A year

Question 19

Additional parties may sign for the funeral bill enabling the funeral director to collect the funeral bill from third parties if

Answer 19

the estate is delayed

Question 20

Generally, the person who requests the funeral service is not automatically responsible unless

Answer 20

They agree to be liable or the law implies liability because of relationship

Question 21

In MD, law imputes liability

Answer 21

Expressed
Implied
Quasi Contract
Quantum Meruit

Question 22

If the executor engages the funeral home, the executor will be liable unless

Answer 22

He expressly denied personal liability

Question 23

If the executor denies personal liability and pays from his own funds, they may be

Answer 23

reimbursed by the state