Legal Question in Wills and Trusts in California

Back in September of this year, my estranged nephew who was 27 years old, committed suicide. After learning the Los Angeles County Coroner was trying to locate a next-of-kin at my former place of employment, I called the LA Co. Coroner to discover that it was my nephew whose body they had. After picking up his wallet and making funeral arrangements at a local mortuary for him (nephew was unemployed and destitute) I received a bill 3 months later from the Coroner's office requesting $346 for transportation and personal handling. Am I liable for this charge?


Asked on 12/11/12, 8:04 am

1 Answer from Attorneys

Charles Perry Law Offices of Charles R. Perry

It depends on the specifics of the transportation and handling charges.

The estate of a deceased is generally responsible for the burial, last illness, and other expenses of a person. Family member are not automatically liable for those expenses (except to the extent they receive property from the estate before those expenses are paid). If the estate of the deceased is insufficient to pay the creditors, then the creditors only receive a portion of what they are owed and must write off the rest. The heirs of course, receive nothing.

On the other hand, you made funeral arrangements for your nephew. You undoubtedly agreed to pay the mortuary's bill and some other expenses. In addition, the mortuary probably called the coroner to arrange for the transfer of the body. If the coroner's bill covers solely the costs of the coroner in responding to the mortuary's request, then you may have to pay that bill. After all, the expense is incurred because of your contract with the mortuary for services.

Normally, the estate of the decedent would reimburse you for the amount owed the coroner. As you note, however, your right to reimbursement has little to no value, since your nephew was indigent.

I would review the specifics of the bill and the paperwork with the mortuary to be sure.

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Answered on 12/11/12, 9:02 am


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