Expert: Lisa Carlson - 7/3/2009

Question
QUESTION: My father passed in Feb 09.  I have 5 sisters and none of them will contribute to the cost still owed to the funeral home and the attorney filing the probate.  I am the executor of his Estate, but there are no assests to cover these costs.  Are my siblings legally required to help cover this debt?

ANSWER: It depends on the state.

Who arranged the funeral? How many of the siblings were involved in that? That person or persons may be liable for all costs, regardless of the state.

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QUESTION: Missouri.  None of them were present.  I sibling added costs to the funeral and worked with the funeral home.  I was the only one present when he passed so I had to sign for the Corner to transport the body for cremation.  So I will have to pay for all of it more than likely.

ANSWER: Typically the estate would pay the costs. If your father was eligible for Medicaid, the state or county may have funds. But it sounds as if he had some assets, or there wouldn't be any probate let alone a lawyer. What the heck is the lawyer doing?

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QUESTION: Waiting to get paid before he files in probate.  Dad's Will was done when he had about $1.4M, but for the past few years he was living on social security with medicaid - he had lost it all.  The court won't let me file because the estate was so large at the time of the Will.  There might be a few hundred dollars in his checking account, but that is it as far as assests.  I was sending him money for food.

Answer
If there are few or no assets, how does the lawyer think he'd going to get paid? How dumb of the court if your dad was on Medicaid. I'd check on state or county funds for the funeral director. Actually, the FD should know what might be available, tho' it may be so small he won't be happy about it. Furthermore, if you signed the contract for the cremation, you are likely liable for that amount.