QUESTION

Who is responsible for paying for a funeral if one of the heirs illegally liquidated the estate?

Asked on Sep 22nd, 2015 on Estate Planning - Indiana
More details to this question:
Decedent died intestate in Indiana in 2013 leaving 2 heirs. 1 heir lives in Arizona and the other lives in Indiana where the decent died. Both heirs signed a funeral contract for $6000 in 2013. The heirs decided the one who lived in Indiana would handle the estate since it would be too hard to handle for the heir who lived out of state. Long story short, the heir in Indiana somehow was able to liquidate bank accounts and vehicles without so much as the heir in Arizona being notified or provided any accounting. We are assuming some level of perjury was committed via affidavit by him and his lawyer to be able to do this without having to open an estate and pay final expenses of the descendant such as the funeral. Since it's been 2 years and the funeral bill was not paid the funeral home is suing both heirs for the total of the funeral $6k plus $2k in interest and expenses. The heir in Arizona is looking for a valid defense in response to this lawsuit. The heir in Arizona feels the heir in Indiana who liquidated the estate should be held liable for 100% of the funeral because it can be shown he obtained much more money than the funeral cost from the decedent's accounts and assets and should have paid those final expensive as first order of business but didn't. Is this a valid defense against a lawsuit from the funeral home asking for the Arizona heir to be held liable for the full funeral?
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1 ANSWER

Criminal and General Civil Litigation Attorney serving Warsaw, IN
3 Awards
The funeral home can pursue anybody who signed the contract. They did nothing wrong. The wronged heir can pursue the other heir in a separate action, and should talk to an attorney in Indiana about doing so.
Answered on Sep 25th, 2015 at 8:53 AM

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