QUESTION
What should I do if my deceased husband's family is sueing me for the burial costs?
Asked on Jan 28th, 2014 on Estate Planning - California
More details to this question:
My husband passed away in January 2012 unexpectedly. We had been separated for over 20 years. Although we remained friends his family wanted me to sign off at the funeral home so they could plan his funeral according to his mother's wishes which I did. I'm now being sued for his burial expenses by his sister. Do they have a case? I signed over all legal responsibility as well.This is in California, Stanislaus County.
6 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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I think not. The burial costs are the responsibility of his family, since you have been separated for so many years and had no financial ties between yourselves..
Answered on Feb 04th, 2014 at 5:01 AM
Edwin K. Niles
This is about emotions, not law. Anyone can sue anyone. Defend the suit and hope she settles down.
Answered on Feb 04th, 2014 at 5:00 AM
The estate is responsible for the burial costs, not you. The best approach probably is to pay an expert in estates for an hour to write a letter stating that. You can then make a claim against his estate but I do not think it will be liable to you for the acts of a third party. Otherwise, you would have to either file a demurrer, if the matter is in Superior court, and a cross-complaint if the demurrer does not work against the estate. If he did not make a Will you would still be his next heir.
Answered on Jan 31st, 2014 at 10:59 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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If you got something from his estate, then it is possible that you are liable for this expense to the extent thereof. Otherwise, no.
Answered on Jan 31st, 2014 at 10:58 AM
Were you separated for the last 20 years, or were you divorced? If you were still married, and there is no one else to pay the expenses, you may be responsible. Sounds like the sister is trying to pass of the expenses to you. Based on the short story you shared, you will probably be able to defend against the suit successfully. You need to contact an attorney in your area. There are a lot of questions that need to be answered before an intelligent response can be made to your question.
Answered on Jan 31st, 2014 at 10:58 AM
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If he had an estate that you collected, they will have a case. If he had no estate, the case is much weaker but I have not seen what you signed.
Answered on Jan 31st, 2014 at 10:57 AM