QUESTION
What can be done if funeral home did not make claim against estate?
Asked on Oct 17th, 2013 on Estate Planning - Michigan
More details to this question:
My father passed away 8 months ago. I am the executor of the estate. Probate is over now and no creditor including the funeral home did not make claim against estate. Do I still have to pay them?
9 ANSWERS
3 Awards
Probably, if anyone received anything they need to be paid. They are the highest priority, higher priority than non-secured creditors. Who authorized the funeral? Did you mail the funeral home a notice to creditors? Did you publish a notice? Whomever made the arrangements may be personally liable as well as you, the executor. How did you think the funeral was paid for? This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship.
Answered on Oct 21st, 2013 at 3:09 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Did you give them notice of the estate? Known creditors need to be notified directly. Otherwise, they have 3 years to bring a claim.
Answered on Oct 18th, 2013 at 6:59 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Yes. If you knew about amounts due, and did not pay them or properly notice them and then disallow the claim, then the estate owes that amount. How on earth did this happen? How could you possibly have closed the estate without settling the claims? Any chance you can get other devisees to return some estate money to pay these claims?
Answered on Oct 18th, 2013 at 4:27 PM
Check your state statute about this. Usually the funeral home must be paid before any other creditor of the estate and before the remaining assets are distributed to the beneficiaries.
Answered on Oct 18th, 2013 at 4:17 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Not from estate funds.
Answered on Oct 18th, 2013 at 4:10 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Did you give notice to creditors of their right to file a creditors claim prior to closing the probate? If not then the creditor can sue you the administrator of the estate for their claim. Obtain some legal advice to assist you in this matter; if notice given as required by statute, and no claim filed, then creditor would be out of luck to collect on the claim.
Answered on Oct 18th, 2013 at 3:44 PM
2 Awards
If you did not give them notice (you knew they were a creditor) you can still be on the hook for paying them. Speak with your probate attorney. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum.
Answered on Oct 18th, 2013 at 3:35 PM
Probate Attorney serving Saratoga, CA
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Douglass Law Group
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As the executor of your father's estate, it is your responsibility to provide notice to all known creditors. Was notice provided to the funeral home? Was Publication done properly? If you were aware of the funeral home as a potential creditor, you could be responsible for the claim. A reserve is also generally kept when probate is closed, and you can use those funds to pay the claim.
Answered on Oct 18th, 2013 at 2:55 PM
The funeral home may have lost its claim against the estate but whoever arranged for the funeral home's services may be on the hook.
Answered on Oct 18th, 2013 at 2:23 PM