Legal Question in Wills and Trusts in California
burial expenses for parent
My mother disappeared several years ago. Two days ago I received a call for a person with a county treasure and tax collector office 200 miles away. She said she my mother had died and had been trying to locate a relative. She referred me to a funeral home where my mother's body had been for 10 days. The people at the funeral home informed me I was legally and financially responsible for burial expenses. Is this true? She was living in an assisted living home. I believe her income was from SS & SSI with a small $100 a month trust from a deceased uncle's trust.
1 Answer from Attorneys
Re: burial expenses for parent
That depends. 1) Did you inherit anything from your Mother's estate? 2) Did you direct the funeral home to do anything (tell them to bury rather then cremate, etc)? 3) Is there any reason the funeral home can claim you are responsible for her debt or lack of funds (did you drain her account, sit as a co-signer on her loans, etc).
If not, then you are most likely not responsible for your Mother's burial. In general, the funeral home only has a claim against the estate (meaning the assets your mother had at her death), not against the relatives. If there was inheritance, then most likely the funeral home can collect against that inheritance (meaning your mother left you stock).
Feel free to contact my office if you need help with this. I have heard of creditors going after relatives with the slogan "you have an ethical responsibilty to pay off your parent's debt". This is silly, it's unethical for them to be playing that game in the first place.
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