Re: Who Pays for the Funeral
well, you have a problem because "she" didn't have any authority to commit "his" money after his death. The estate is liable to pay for the funeral expenses but if somebody who has no authority to act on behalf of the estate nor commit estate funds offers to pay it, there is nothing for the estate to pay. She offered to pay it by entering into the contract.
Who eventually controlled the funeral and made any decisions concerning the funeral?
Re: Who Pays for the Funeral
she made most the decisions- he made only a few
Re: Who Pays for the Funeral
She could make payment and then make a claim against the estate or petition the court to order the executor to pay the bill.
Quote:
§ 2105. Order of preference of claims against estate.
(a) Executors and administrators after payment of all administration expenses, fees and commissions shall pay claims against the decedent in the following order:
(1) Surviving spouse's allowance as provided in § 2308 of this title;
(2) Funeral expenses;...
Quote:
Quoting
jk
well, you have a problem because "she" didn't have any authority to commit "his" money after his death. The estate is liable to pay for the funeral expenses but if somebody who has no authority to act on behalf of the estate nor commit estate funds offers to pay it, there is nothing for the estate to pay. She offered to pay it by entering into the contract....
That's a pretty impossible standard, jk. At the time of the funeral, how often does anybody have actual "...authority to act on behalf of the estate [or] commit estate funds offers..."? Is the funeral going to be put off until the court appoints an executor/administrator?
Even if the contention is that the executor nominated in the will should be entering into the contract, what if:
- There is no will.
- Nobody has looked for/found a will yet.
- The nominated executor (and contingents, if any) are dead or otherwise incapable of serving.
- The nominated executor can't get to the city of death.
- Etc....
The son is being a jerk.
Re: Who Pays for the Funeral
She may have a claim against the estate if the funeral proceeded per her payment and plan. But if she signed a contract on her own initiative and the estate chose to make its own arrangements, I'm not seeing why the estate would have to reimburse her. She was not the executor or administrator.
She should make a claim against the estate, assuming it's still open, and let the judge decide.
Re: Who Pays for the Funeral
Quote:
Quoting
harrylime
That's a pretty impossible standard, jk. At the time of the funeral, how often does anybody have actual "...authority to act on behalf of the estate [or] commit estate funds offers..."? Is the funeral going to be put off until the court appoints an executor/administrator?
k.
Somewhere right around 100% of the time. Each state has laws that describe who has rights to determine disposition of the remains. That would then allow them to make a claim against the estate for the costs. If a person commits more money than an estate has, then it is on them. Most states allow for payment of reasonable funeral costs as a priority.
Re: Who Pays for the Funeral
At the time funeral arrangements were made she had full rights "authorization" to the bank account, to pay bills. She considered the funeral arrangements to be a bill and intended to pay by check with funds from this account.
The son took her by surprise when he showed up with court papers and took possession of the account. At that time she lost rights to the account and no longer was authorized to write checks drawn on the account. She believed that he would write the check and pay for the funeral and was surprised when he refused.
Re: Who Pays for the Funeral
Quote:
Quoting
wing8lc
At the time funeral arrangements were made she had full rights "authorization" to the bank account, to pay bills. She considered the funeral arrangements to be a bill and intended to pay by check with funds from this account.
That is irrelevant because her "authorization" ceased when the account owner died.
The son is being a jerk, but, as things stand, she obligated herself to the funeral home. Her remedy is with the probate court.
Re: Who Pays for the Funeral
Quote:
Quoting
wing8lc
The son took her by surprise when he showed up with court papers and took possession of the account. At that time she lost rights to the account and no longer was authorized to write checks drawn on the account. .
No. Her authority ceased when her companion died. At that moment, the money was no longer her companions but belonged to the estate of her companion which requires court authority to control.
Were the funeral arrangements made while the companion was still living? Did the decedent approve of the arrangements, was involved with the arrangements, or better yet, sign for the arrangements? If the last one, then yes, it is a bill that needs to be paid. If the decedent was using the companion as a de-facto agent to make the arrangements and sign for them, then there is strength in that position. If the decedent did not do anything official but was involved with the arrangements, it might help.
If everything was done after the companion died, we're back to square one and she needs to at least file for payment with the probate court and see where it goes.
Re: Who Pays for the Funeral
the deceases son and brothers were present when the arrangements were made (after he died). All agreed to the decisions the "companion" made and the companion signed for. Everybody had some say but all agreed to what the companion wanted.