My dad died and he didnt have much...but he did have $1200 dollars in stock and a couple of older cars. His girlfriend had power of attorney and was responsible for using his assets to pay his bills left. My sister financed his funeral through the funeral home and the girlfriend never payed anything with his assets. We didnt know about the will until now. He died in late 2004. Can she be made to comply with the will? And what if she didnt pay anything..hospital bills,etc.?
2007-03-15 07:49:35 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
When my father died in Florida, I didn't have to pay any of his outstanding bills until I posted a death notice in the paper and the creditors filed a claim against his estate in the designated amount of time stated. If a creditor didn't come forward with a claim, then too bad - nothing was owed.
The funeral expenses, however, would be in your sister's name, not your dad's. She or the family is responsible for paying them. If the will states that the funeral expenses are to be paid out of the assets of the estate, then the GF must comply with terms. You may have to sue her, though to get her to pay up.
You definitely need legal advice to resolve this issue.
2007-03-15 07:58:29 · answer #1 · answered by Mama Gretch 6 · 1⤊ 0⤋
Ok, first the power of attorney ends at the death of a person. The girl friend unless listed in the will has no right to anything and most certainly would not be over the estate.
What is to happen, she would have sold the property and paid the bills, those bills that could not be paid, would just be left not paid. No family member is responsible to pay any of his bills.
2007-03-15 07:56:08 · answer #2 · answered by Anonymous · 0⤊ 1⤋
If your sister entered into an agreement with the funeral home then she alone is responsible for the entire bill.
Whoever settles the estate SHOULD pay the funeral bill for her but if the funeral home has to sue anyone, it will be your sister.
2007-03-15 13:53:08 · answer #3 · answered by J. B 3 · 0⤊ 0⤋
whoever was left in charge of his belongings, executor or executrix, is totally responsible for his bills. All of them. She has to use whatever money was left, $1200 and the money she gets from selling the vehicles, and that money HAS TO go towards the leftover bills. Contact whoever your dad owed money to and tell them her name and that she had money. They will go after her. Don't worry. She will have lawsuits out after her from everybody he owed. Then it will be up to the courts to see who gets paid what. All other debts will be resolved. They don't make the family pay back the debts. And if she was also the power of attorney then she is the one that has to sign her name to the money that gets disbursed. Contact the hospital. They alone would get the money from her. Cars included.
2007-03-15 08:02:45 · answer #4 · answered by Me2 5 · 0⤊ 1⤋
The creditors can sue the estate. If there is no money the bills can't be past on to you. The debts will be written off.
2007-03-15 07:54:35 · answer #5 · answered by Sgt 524 5 · 1⤊ 0⤋
I don't know about that but I do know I've seen a lot of wills disappear. No joke. Example hubby's great Uncle's will has disappeared but MIL tell everyone but us she has it. They need to pass laws making wills open to the public, that way these con-artist don't get away with the money.
2007-03-15 07:55:44 · answer #6 · answered by Monet 6 · 0⤊ 0⤋
I am assuming you mean that she was the executor of his will?
She is legally obligated to resolve all of his debts from his assets.
2007-03-15 07:53:27 · answer #7 · answered by mikeleibo 2 · 1⤊ 0⤋