N.J. Admin. Code § 18:26-7.8

Current through Register Vol. 56, No. 21, November 4, 2024

Section 18:26-7.8 - Funeral and last illness expenses

(a) A deduction is allowed for all reasonable funeral expenses and last illness expenses uncompensated for by insurance or otherwise, owing and unpaid at the decedent's death for which the decedent's estate is liable.

(b) Funeral expenses include any reasonable costs incurred on behalf of the decedent payable by the estate:

1. Any deduction for funeral expenses is to be reduced by the amount of any death benefit paid or payable under the Social Security or Railroad Retirement Acts of the United States where the same are paid or payable to any person or fiduciary other than the spouse of the decedent;

2. What constitutes a reasonable funeral cost or expense will depend upon the facts and circumstances in each case; however, primary consideration will be given to the size of the estate in relation to the amount claimed as a deduction for such expenses.

(c) The expenses of a decedent's last illness allowed as a deduction include the expenses of care, nursing, medical attendance, medicines, hospital, and other charges incident to such illness unpaid and owing at the decedent's death and not compensated for by insurance or other payments.

N.J. Admin. Code § 18:26-7.8

Adopted by 50 N.J.R. 1624(a), effective 7/16/2018