Legal Question in Federal Tort Claims in North Carolina

Estate Law, Broken Contract

My son died recently. His wife abandonded him 6 mos. prior. I signed for funeral and she said she would pay and her lawyer sent mail. Now she says she never intended to pay!


Asked on 3/04/07, 10:34 am

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Estate Law, Broken Contract

The costs of a Wake, Funeral, Burial, etc., could be considered "extras," which may not considered as "a necessary," that a surviving spouse is or will be, mandated to pay.

Although, You may be able to recover the funeral costs and disbursements, you paid, from your deceased son's estate, as may have existed at the time of his death, if you have proof of your son's desires.

However, if the spouse did not participate in the funeral, make any arrangements or decisions concerning same; and it was an event or ceremony entirely of your family's making, it might not be a good idea to expect that the "separated" spouse, should repay you, from her own funds, for your son's funeral, when whatever was done, arguably was not something she would ordinarily commit to paying.

Therefore, If necessary, and the above applies, suggest that you TRY to work this out, possibly along lines of asking surviving spouse to pay you, for what she "would have paid" (or a court might require), for BASIC disposal of her spouse's remains.

Good luck,

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Answered on 3/19/07, 12:38 pm


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