Funeral and Burial Expenses

[karbrass]

My brother was killed in a motorcycle accident. Because his present wife was not able to pay for funeral and burial costs..I paid for same with the understanding that I would be reimbursed when the estate was settled. Following the civil case and dispursement of wrongful death suit she has refused to reimburse me. She claims that since I was the beneficiary on a life insurance that he had (that I was unaware of and not informed of until three weeks following his death) that I should pay for the funeral. I am going to file a suit for the amount of expenses plus attorney and court costs....any comments about what the law says or advice....Pennsylvania.

 

[I AM ALWAYS LIABLE]

My brother was killed in a motorcycle accident. Because his present wife was not able to pay for funeral and burial costs..I paid for same with the understanding that I would be reimbursed when the estate was settled. Following the civil case and dispursement of wrongful death suit she has refused to reimburse me. She claims that since I was the beneficiary on a life insurance that he had (that I was unaware of and not informed of until three weeks following his death) that I should pay for the funeral. I am going to file a suit for the amount of expenses plus attorney and court costs....any comments about what the law says or advice....Pennsylvania.

My response:

1. Prove to me that you had an agreement - - besides your word.

2. How much did you pay?

3. How long after you paid was the wrongful death suit settled?

IAAL

 

[karbrass]

I Am Liable:

I have two witnesses that were with me when I had conversation about the funeral, etc. with the wife and they will confirm the agreement...one person was the wife's best friend. There is nothing in writing...at that time and situation you just don't think of putting such agreements in writing.

The civil case was just settled this week...eight months following my brother's death (my only sibling). I had to pay the cemetery up front before his burial and the funeral was paid two months following his death. Cost 6,500 total.

 

[I AM ALWAYS LIABLE]

I Am Liable:

I have two witnesses that were with me when I had conversation about the funeral, etc. with the wife and they will confirm the agreement...one person was the wife's best friend. There is nothing in writing...at that time and situation you just don't think of putting such agreements in writing.

The civil case was just settled this week...eight months following my brother's death (my only sibling). I had to pay the cemetery up front before his burial and the funeral was paid two months following his death. Cost 6,500 total.

My response:

Then, by all means, sue her in Small Claims court for breach of contract. You are within your State's Statute of Limitations, and the debt is within the jurisdiction of Small Claims court ($8,000.00 maximum).

Make sure that you have your witnesses Subpoenaed to court - - don't merely "ask" them to attend; otherwise, they may not attend and you'll get shot down.

Since the amount in controversy is quite high, it would do you well to go to your nearest bookstore and buy an inexpensive "How To" book on Small Claims law and procedures.

Go get her !

IAAL

 

[advisor10]

3-7-2002

DEAR KARBRASS:

Funeral expenses are a valid estate expense, so you have a great chance of winning your case.

Did you ever receive the life insurance money that you were named beneficiary on?

Was there anything in writing about how the funeral expenses were supposed to be handled, or was this just an oral understanding that you two had?

Is this estate still open now or has it closed?

If you can afford to bear the expense of the funeral without filing suit, you really should do so: this is a very difficult situation for a grieving widow to have to go through and you are grieiving also, in what is a very tragic situation. However, if the widow received an unusually large payment from the wrongful death suit, then you are right to hold her to her agreement if she can afford to pay for the funeral expenses.

SINCERELY,

advisor