Legal Question in Credit and Debt Law in New Jersey

Payment for funeral services

Can a funeral home demand payment of entire cost of funeral expenses, or can payment be made in monthly increments?


Asked on 8/28/05, 2:45 pm

2 Answers from Attorneys

Re: Payment for funeral services

No creditor is ever REQUIRED to accept payment in the absence of a prior agreement to do so. However, as long as they are in a reasonable amount, most creditors are happy to accept installment payments.

I assume this has come up because the decedent's estate has insufficient assets to pay this bill and a family member signed papers agreeing to be responsible for this bill. If the estate does have enough money, why not pay it off in full? Funeral expenses have first priority for payment and most agreements they have the survivor of a decedent sign specify that a fairly high rate of interest will accrue on an outstanding balance. If an individual does pay this bill out of his/her own pocket, her/she is entitled to be reimbursed by the estate up to the amount of the bill or the estate assets, whichever is less.

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Answered on 8/29/05, 8:40 am
Robert Davies The Davies Law Firm, P.A.

Re: Payment for funeral services

The answer depends upon the contract, the agreement between you and the funeral home. You need to have the written agreement looked at. It is very common for the funeral home to take payments over time. If you need an attorney's assistance, call me 973 890 0400.

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Answered on 8/29/05, 11:04 am


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