Legal Question in Civil Litigation in California

California Codes Healthy and Safety Section 7100\Revised

My estranged brother passed away last week. He was single and had no children. I have received numerous phone calls and a faxed letter from a Mortuary telling me I owe $2,082.04 for funeral goods and services. They state per California Codes, Health and Safety Code Section 7100 sub section # 5 because I am a surviving competent adult sibling of the decedent, I am financially responsible. There was no estate; he had no possessions or money. Our parents are deceased and I am the only sibling.

Today the Mortuary called and said they would proceed with litigation and the cost would increase if I did not agree to pay them. I told them and I am not personally liable for any of my estranged brother expenses -- including his funeral. I gave no direction to the Mortuary regarding the disposition of his body. Can they sue me?


Asked on 1/31/09, 10:34 pm

2 Answers from Attorneys
George Moschopoulos The Law Office of George Moschopoulos

Re: California Codes Healthy and Safety Section 7100\Revised

If your brother has not appointed a power of attorney and your parents are deceased, then since your brother was single and had no children, under the statute, the responsibilty for the disposition of his remains falls to the majority of the surviving competent adult siblings. If you are the only sibling, the responisbility is yours.

If your brother left a will that directed funds of his estate to be directed towards funeral expenses, than that would control and take precedence over the statute. Otherwise, you are on the hook.

You may watn to try to negotiate with them to reduce the bill based on your own personal financial situation.

It may seem unfair, but that's the rule.

Best of luck.

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Answered on 1/31/09, 10:52 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: California Codes Healthy and Safety Section 7100\Revised

My colleague is correct, after I read the statute. In its wisdom, the State Legislature decided that someone has to pay for funerals. If you have the money, you're it. If you have siblings, you are to share that expense. I agree that you should be able to negotiate the bill, especially if there were frills attached to the burial.

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Answered on 1/31/09, 11:41 pm


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