Legal Question in Wills and Trusts in California

My husband jus recently passed naway. We were seperated but neve. He har filed for a legal seperation. I know that i had to be the 1 to sign all the paperwork so we could have his funeral. We didnt have all the $ to bury him so we had car washes and a bowling tournament 2 help raise the $ so we could bury him. His side of the family kept the fundraising $ and said he had bills frm the accident and stuff that needed to be paid off Doesnt all his bills go away once he dies? Is there anything i could do to get about them keeping the money instead of paying for the funeral cuz i knw they made at the least $2600? Please let me knw if i could do anything and what type of attorney to contact if there is.

Asked on 6/07/13, 4:07 am

1 Answer from Attorneys

Victor Waid Law Office of Victor Waid

Any funds acquired after death as the result of your efforts, do not and are not supposed to go to pay bills incurred before death ; only assets at the date of death are available to pay his bills, barring any statutory prohibition. Therefore, you are advised to take your claim to small claims court and sue the family members for recovery of the funds to be applied originally as intended to pay the funeral expenses; you can represent yourself; no need for an attorney.

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Answered on 6/07/13, 3:41 pm

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