There's nothing to get

[tigger22472]

What is the name of your state? Indiana

My MIL has been separated (not legally) from her husband for nearly 10 years. They have two children together but they are both adults (24 and 26). Her husband died today in a fire and due to the fact that they are still legally married she's the one required to make arrangements and such. It seems as if that will all go smoothly as his family is helping and doesn't seem to be putting the screws to her. There aren't likely any assets. My MIL lives off SSI and does not own any property or any other assets. Because of this there's nothing to place any liens against nor can her income be garnished. However, can judgments be made? And would she be made to pay?

 

[BlondiePB]

What is the name of your state? Indiana

My MIL has been separated (not legally) from her husband for nearly 10 years. They have two children together but they are both adults (24 and 26). Her husband died today in a fire and due to the fact that they are still legally married she's the one required to make arrangements and such. It seems as if that will all go smoothly as his family is helping and doesn't seem to be putting the screws to her. There aren't likely any assets. My MIL lives off SSI and does not own any property or any other assets. Because of this there's nothing to place any liens against nor can her income be garnished. However, can judgments be made? And would she be made to pay?

Any creditor of the deceased would go after his estate, if there is one. Indiana is not a community property state where his debts would also be hers. Hopefully, the deceased family is paying for the funeral or the deceased had some life insurance that would cover this should the beneficiary decided to pay for the funeral. Whoever signs the funeral contract becomes the guarantor.

 

[tigger22472]

Any creditor of the deceased would go after his estate, if there is one. Indiana is not a community property state where his debts would also be hers. Hopefully, the deceased family is paying for the funeral or the deceased had some life insurance that would cover this should the beneficiary decided to pay for the funeral. Whoever signs the funeral contract becomes the guarantor.

I guess I failed to mention that the husband's mother died in the fire with him also.

My MIL mentioned that she thinks HER MIL had a burial policy of some sort on her husband, but that isn't verified just yet but I mentioned it to my BIL and his wife. They found a fireproof box and are going to try to get it open today so there might be something in that. There won't be an 'estate,' he had less than my MIL does. The husband's family is trying to convince the son that if his mother can't pay then he is responsible for paying and I've tried to explain to them this is not correct and we've told him not to sign anything. I believe likely the reason that they are trying to convince him of this is that they are having a double funeral. The way I understand it the mother had her paid for and not only is it cheaper to do both at once but it's also better emotionally. I am thinking the remaining family members fear that when my MIL can't or doesn't pay the husband's portion that they will be stuck with it so are convincing the son he's responsible.

 

[Dandy Don]

Son is technically NOT responsible for paying but this man's children should step up to the plate and grow up and offer to share in the cost of the funeral expense if they are employed and working. Why would you expect someone else's family to pay for your father's burial? Some type of monthly payment plan can be worked out with the funeral home.

 

[BlondiePB]

I guess I failed to mention that the husband's mother died in the fire with him also.

My MIL mentioned that she thinks HER MIL had a burial policy of some sort on her husband, but that isn't verified just yet but I mentioned it to my BIL and his wife. They found a fireproof box and are going to try to get it open today so there might be something in that. There won't be an 'estate,' he had less than my MIL does. The husband's family is trying to convince the son that if his mother can't pay then he is responsible for paying and I've tried to explain to them this is not correct and we've told him not to sign anything. I believe likely the reason that they are trying to convince him of this is that they are having a double funeral. The way I understand it the mother had her paid for and not only is it cheaper to do both at once but it's also better emotionally. I am thinking the remaining family members fear that when my MIL can't or doesn't pay the husband's portion that they will be stuck with it so are convincing the son he's responsible.

Oh, how awful. You are correct about telling MIL's son not to sign anything.

 

[tigger22472]

Son is technically NOT responsible for paying but this man's children should step up to the plate and grow up and offer to share in the cost of the funeral expense if they are employed and working. Why would you expect someone else's family to pay for your father's burial? Some type of monthly payment plan can be worked out with the funeral home.

The big point is that there is only one child available. My husband is not one of the children. And the other son is in prison. The son and his wife sound as if they would be willing to help with it but don't want to be stuck with all of it. There are four remaining siblings.

It's a long story but this is a man who left their mother when both children were minors and never supported them emotionally or financially (yes, mothers fault). This son has a family of his own and is just now getting back on his feet after a set back.