Is next of kin responsible when estranged

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  • theoretica
    theoretica Posts: 12,303 Forumite
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    Just to add that it isn't only money in the deceased bank accounts which should be used to pay for the funeral. If he had stuff (a house, car or even an expensive phone) that should be sold to pay the bill.
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    Fabby.chic wrote: »
    His sister had arranged it there are seven siblings but she has a letter giving permission to do so but says nothing about costs
    nom_de_plume wrote: »
    The precise wording is important as they may have entered into a contract to pay the bill.

    I would have thought the sons would know if they signed a letter saying "I will pay for the funeral".
  • Errata
    Errata Posts: 38,230 Forumite
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    Even if a letter to Y states that X will pay for the funeral, if Y signs the contract with th FD then Y has to pay the bill and recover the cost from X as best they can.
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    repeat


    what is in the letter
  • TBagpuss
    TBagpuss Posts: 11,203 Forumite
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    The estate is responsible for the costs of the funeral.

    Unless the leter explicitly said that they authoised her to make the arrangements on their behalf, then I do not think that she can reasonably expect anything from them.

    If their father did not leave a will, then they are likely to be entitled to anything which is left from his estate after his debts and funeral expenses are paid.

    They may need to sign something to confirm they do not wish to obtain letters of administration, in order to allow their aunt to administer her brother's estate. This would not involve them having, or accepting, any responsibility for debts he may have,.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • saucy.moo
    saucy.moo Posts: 11 Forumite
    This is the op. For some reason when signing in it reverted to a precious name. Mental. The letter said we give so and so if so and so address permission to obtain the death certificate and make funeral arrangements on our behalf. Now I've read above that that makes them liable but no costs were ever mentioned. The funeral was Friday none of us went and we have heard nothing since. I'm awaiting the bill to be posted but I'm refuting it. The kids never signed the letter I did. They haven't even seen it.
  • saucy.moo
    saucy.moo Posts: 11 Forumite
    He had no wi. Lived in social housing and was on benefits. He also lives over 100 miles away near his family. He had over 30k worth of debts Åland no assets.
  • g6jns_2
    g6jns_2 Posts: 1,214 Forumite
    saucy.moo wrote: »
    He had no wi. Lived in social housing and was on benefits. He also lives over 100 miles away near his family. He had over 30k worth of debts Åland no assets.
    Because the estate is insolvent you should not get involved at all. The children are not liable in any way. Depending on the exact wording of the letter you gave there might be some liability. However you were not a party to the contract with the undertakers so you should take a hard line. Good luck and ask again if you need more help.
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    saucy.moo wrote: »
    The letter said we give so and so if so and so address permission to obtain the death certificate and make funeral arrangements on our behalf.

    The kids never signed the letter I did. They haven't even seen it.

    Not a legal opinion but I would think that the fact that you signed the letter rather than your sons makes it meaningless.

    You didn't have any responsibility towards your ex so the letter writer didn't need your permission; as the sons didn't sign it, they haven't given their permission or accepted any responsibility for the costs of the funeral.
  • AMILLIONDOLLARS
    AMILLIONDOLLARS Posts: 2,299 Forumite
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    By getting your sons to sign over their rights as next of kin to arrange the funeral, the sister put herself firmly in the driving seat of arranging her brother's funeral. She signed the FD contract, there by compounding her responsibility.

    As the saying goes, be careful for what you ask for, you just might get it. Very sad that she did not think to invite her Nephews.

    Death does funny thing to families, all very sad.

    AMD
    Debt Free!!!
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