QUESTION
Can I submit proof of claim to bankruptcy court for reimbursement if deceased daughter's estranged husband didn’t assist with funeral costs?
Asked on Aug 28th, 2016 on Bankruptcy - Colorado
More details to this question:
My married daughter died while in bankruptcy. Her estranged husband claimed he had no money or insurance to pay. My son, sister and I stepped up to pay the funeral cost. He did a small estate probate.
4 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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No, the bankruptcy court will only pay on debts which existed on the date the bankruptcy was filed. Since her funeral costs were after incurred after she filed and were not debts of the deceased (the funeral is paid for by either the estate of the deceased or the living persons who signed the contract with the funeral home not the deceased).
Answered on Sep 22nd, 2016 at 6:23 PM
Derek W. Freeman
The bankruptcy will discharge all dischargeable debts that existed as of the date your daughter's bankruptcy was filed. Any debts that were incurred by her (or her estate, in this case) after the date of filing will NOT be discharged in the bankruptcy.
Answered on Sep 21st, 2016 at 11:36 AM
Well you COULD file a proof of claim, but you first ought to find out if your son in law was legally obligated to pay for her funeral costs. I am not sure that he would have this legal obligation. There are penalties for filing a proof of claim that is not valid under the law.
Answered on Sep 21st, 2016 at 11:36 AM
Call the bankruptcy trustee and see if it's an "asset case". If it is, submit your proof of claim. You should also file a claim with the Probate court. Good luck!
Answered on Sep 21st, 2016 at 11:35 AM