Legal Question in Civil Litigation in California
Funeral Cost\revised
My estranged brother passed away last week. I received a letter from a Mortuary telling me I owe $2,082.04 for funeral services. They state because I am the next of kin I am financially responsible. There way no estate, he had no possessions or money.
2 Answers from Attorneys
Re: Funeral Cost\revised
You might write to the mortuary explaining that, as far as you know, your brother left nothing, there is no estate, and you are not personally liable for any of his expenses -- including his funeral (unless you agreed to pay for it). Send it certified, return receipt, and keep a copy.
Although you were estranged, I'm sorry for your loss.
Re: Funeral Cost\revised
You are not responsible. Advise them in one sentence that you dispute the debt and demand that they produce validation of the debt per FDCPA and Rosenthal Act. That will likely shut them up.
Unless there is a contractual agreement between you and the mortuary, you are not liable.
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