QUESTION
What can we do if my aunt died and the funeral policy must be signed by her sister who is in a coma?
Asked on Oct 21st, 2013 on Estate Planning - Florida
More details to this question:
My aunt died. Her sister is in charge of her finances but she went into a coma. The funeral home is the beneficiary but the sister cannot sign and they are threatening to get rid of the body. The aunt in charge has a husband. Can he sign the insurance policy over to the funeral home?
9 ANSWERS
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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File for a probate estate in the county where your aunt lived.
Answered on Oct 23rd, 2013 at 2:32 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Tough situation. Is there a contingent or "secondary" beneficiary named? I wonder if the insurance company would give you a way out. Does the sister have a power of attorney form that would allow her husband to sign documents for her? More information is needed.
Answered on Oct 22nd, 2013 at 3:15 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You will need to file a petition for conservatorship of the aunt to obtain the appointment of a person who can sign for her.
Answered on Oct 22nd, 2013 at 1:37 PM
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He can if he has Power of Attorney over his wife. Call the insurance company and see what they will allow to satisfy them and make the payout.
Answered on Oct 22nd, 2013 at 1:36 PM
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If he has a power of attorney for his wife then he probably can. The power of attorney will need to be reviewed to determine if he can sign a contract for her. Good luck. If he does not you may need to petition the probate court for an order. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Oct 22nd, 2013 at 1:12 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If no one has a power of attorney for your aunt, then your only hope is to start a probate case and have the personal representative sign.
Answered on Oct 22nd, 2013 at 1:11 PM
The lawyer for your Aunt's estate should be able to resolve this and have the funeral policy apply to the funeral home's charges.
Answered on Oct 22nd, 2013 at 12:02 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Cannot tell, you may need to seek a court order. Sorry about your situation but you will need to see an attorney with the details.
Answered on Oct 22nd, 2013 at 11:20 AM
If someone is incapacitated, such as a coma, then the party to sign for her legal documents/rights may fall under the power of attorney, if she has one and if that POA permits the power. Otherwise, you will need to go to the probate court and obtain a guardianship for her and the person named as her guardian of the property will have the power to perform legal matters on the incapacitated person.
Answered on Oct 22nd, 2013 at 10:51 AM