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  1. #1

    Default Who Pays for the Funeral

    My question involves estate proceedings in the state of: delaware

    At the time of *his* death, "she" (the companion) was authorized to write checks from *his* bank account which had a substantial amount of money. So she signed the contract papers with the funeral home- knowing that she could easily pay the bill with these funds. But before she received a bill from the funeral home, the deceases son became executor and cleaned out the bank account.
    The deceases son refuses to use the money to pay for the funeral and says he didn't sign the contract for the funeral, but that "the companion" had signed and is liable.

    The companion says he is liable because he became executor and took all the money. She says that the executors first order of business is to settle funeral expenses with the deceases money.

    Is she responsible for the bill?

  2. #2
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    Default 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?

  3. #3

    Default Re: Who Pays for the Funeral

    she made most the decisions- he made only a few

  4. #4
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    Default 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.


    § 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
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    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:

    1. There is no will.
    2. Nobody has looked for/found a will yet.
    3. The nominated executor (and contingents, if any) are dead or otherwise incapable of serving.
    4. The nominated executor can't get to the city of death.
    5. Etc....


    The son is being a jerk.

  5. #5
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    Default 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.

  6. #6
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    Default Re: Who Pays for the Funeral

    Quote Quoting harrylime
    View Post

    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.

  7. #7

    Default 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.

  8. #8
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    Default Re: Who Pays for the Funeral

    Quote Quoting wing8lc
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    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.

  9. #9
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    Default Re: Who Pays for the Funeral

    Quote Quoting wing8lc
    View Post
    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.

  10. #10

    Default 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.

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