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  1. #1
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    May 2014
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    Default What Type of Funeral Expenses Can Be Recovered in a Wrongful Death Action

    My question involves an injury that occurred in the state of: California

    Under Section 377.61 of the CA Code of Civ. Proc., a plaintiff can recover funeral/burial expenses in a wrongful death action. Does anything know what expenses are covered exactly? Strictly burial? What about airfare for the parents of the deceased to attend a funeral? Costs affiliated with religious ceremonies?

  2. #2
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    Default Re: What Type of Funeral Expenses Can Be Recovered in a Wrongful Death Action

    You are speaking of a statute governing wrongful death actions and, although funeral and burial expenses can be recovered as part of such an action, they are not defined in the statute.

    "In an action for wrongful death, the beneficiaries are entitled to recover the reasonable value of funeral expenses paid or incurred by them." Francis v. Sauve (1963) 222 Cal.App.2d 102, 124 [34 Cal.Rptr. 754]; See also Boeken v. Philip Morris USA, Inc. (2010) 48 Cal.4th 788, 797 [108 Cal.Rptr.3d 806, 230 P.3d 342]. Funeral and burial expenses would be those expenses incurred by the estate to perform a funeral and burial. The estate doesn't pay the travel expenses of mourning relatives.

  3. #3
    Join Date
    May 2014
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    23

    Default Re: What Type of Funeral Expenses Can Be Recovered in a Wrongful Death Action

    Thanks Mr. Knowitall. Are you aware of any cases that say an estate won't pay the travel expenses of mourning relatives/parents?

  4. #4
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    Jan 2006
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    38,867

    Default Re: What Type of Funeral Expenses Can Be Recovered in a Wrongful Death Action

    Quote Quoting sandiego3336
    View Post
    Thanks Mr. Knowitall. Are you aware of any cases that say an estate won't pay the travel expenses of mourning relatives/parents?
    well, since expenditures by the estate that have nothing to do with maintaining or distributing the estate are an improper divestiture of estate assets, while the executor could pay the expenses, the heirs would have a valid claim against the executor personally for the action. That is taking money out of the heirs pockets which is not allowed except for the purposes I already stated.

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