So I just had to take my older brother off of life support in January 2017. I am woundering who is responseable for the costs of his funeral. It is kind of complicated because he is married but separated not legally. They just separated and he has a girlfriend of about four years. He was married to his wife 20 + years. I was told that because I was the one to make the decision to take him off life support and I signed the death certificate I am responsiable for all costs.
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That is not true. Don't get nervous. The money will come out of the estate, if he has one. If he doesn't have enough money, the hospital is stuck, not you.
He does not have an estate , and he was cremated.... But the funeral home is telling me that I'm responsible for his cremation because I signed the death certificate and because I was the one who made the decision to take him off life support that I'm now obligated to pay for his cremation.....is there a way to make his wife legally responsible for the costs
In my state (Missouri) it is the responsibility of the person who picks and sends the deceased to the funeral home. So, if you signed the funeral home paperwork, you would be responsible. It has nothing to do with who made the decision to take him off life support--doctors make those decisions all the time, and they don't have to pay for funerals.
Most areas have a "potters" funeral if you can't afford one. But you get nothing for it--it basically just pays for the burial or cremation and no service. In my county, they don't even give the ashes to the family, even if the family asks for them because they didn't pay (cold hearted if you ask me). If he was a vet, the military will assist with a service (contact the local VFW for more info)
Did you sign a contract with the funeral director to pay for funeral services? Did you sign anything at all? If you did, was it entitled "Statement of Goods and Services?" That form lists the prices next to the services and merchandise that were selected. (The law requires that at the time of the funeral arrangements, this document must be given to and signed by the person taking responsibility.) In many cases, there will be a fine print clause that holds you legally responsible for the funeral costs, regardless of the estate value.
Note: On second reading, you say you signed a Death Certificate? What was that? It doesn't seem likely you signed a death certificate. You need to find out what you signed.
Here is an excerpt from an attorney:
Who pays for funeral costs:
The funeral contract. When seeking payment, the funeral director looks to the person who signed the contract on the day that the services were arranged. Although the service bill may be submitted to, and ultimately paid by, the deceased's estate, the terms of the service contract actually obligate the person who signed on the dotted line to pay the funeral director.
i forgot to ask - you say he had no estate - does this actually mean he had/owned nothing of value? No life insurance? Nothing in the bank? Did someone have a POA for your brother?
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