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House of Representatives
Session of 2017 - 2018 Regular Session


Posted: December 27, 2016 11:32 AM
From: Representative Morgan Cephas
To: All House members
Subject: Allowing Grandchildren to be Reimbursed for Funeral Expenses (Re-Introduction)
In the near future, I will be re-introducing legislation – former House Bill 443 of the 2015-2016 Legislative Session – that would permit the grandchild of a decedent to be reimbursed from the decedent’s bank account for the decedent’s funeral expenses. Last session, House Bill 443 passed the House of Representatives unanimously.

Currently, the Probate, Estates and Fiduciaries Code permits reimbursement from a decedent’s bank deposits in amounts not exceeding $10,000 to the spouse, children, parents or siblings of a decedent for reimbursement of the funeral expenses of the decedent. A grandchild, however, is not entitled to such a reimbursement.

In a situation where a decedent has no surviving spouse, children, parents or siblings, the decedent’s grandchildren may end up footing the funeral bill, yet they are not permitted to use funds in the grandparent’s bank account to offset the costs. With the advanced age of many decedents these days, I believe it is only fair to add grandchild to the listing of family members entitled to be reimbursed for funeral expenses incurred on behalf of a decedent. Otherwise, rather than going to the grandchild who advanced the funeral expenses, any remaining funds in the bank account will ultimately escheat to the Commonwealth.

Please join me in co-sponsoring this important legislation.

Introduced as HB1164