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 Posted: Thu Jul 02, 2009 12:35 am Post subject: can one sue the benificary for the cremation cost paid up fr |
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| Husband died paid cremation up front.His Mother was named Benificcary on whole life policy.Can she be sued for the cost of the cremation?The insurance company Prudential asked the Funeral Home if paid I said yes.Would they have paid the cost before cutting her the check? |
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mwnorva
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Joined: 02 Jul 2009
Posts: 1
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| Posted: Thu Jul 02, 2009 7:16 am Post subject: |
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Hi Mwnorva,
Only recently we had a discussion on a topic that is quite similar to your situation. I'd place the link for you. See if it gives you some idea.
http://www.ampminsure.org/life/death-benefit-lien.html
| Quote: | | The insurance company Prudential asked the Funeral Home if paid I said yes. |
By the way, if the mother is the beneficiary of the policy, how can you suggest the insurance company whom to pay out the benefits?
I think you haven't shared the whole story with us.
~Jeremy |
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JeremyHolter
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Joined: 06 Jun 2007
Posts: 1142
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| Posted: Thu Jul 02, 2009 10:38 am Post subject: |
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Hi mwnorva..
| Quote: | | Would they have paid the cost before cutting her the check? |
Do you share the same household with your mother-in-law?
See, if you could go through the policy papers and see if there's any mention of whether it's the funeral home or the beneficiary who's gonna receive the payment regarding the funeral cost.
| Quote: | | Can she be sued for the cost of the cremation? |
Now, did you have a word with her regarding the cost of cremation?
What did she day?
Steven |
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steven
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Joined: 02 Feb 2006
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| Posted: Thu Jul 02, 2009 3:04 pm Post subject: |
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Mother in law received all monies will NOT help with any bills incl cremation.I sent all bills in sons name to her,she refuses to pay any of them.We do not live in the same states.Can I just keep forwarding the due bills to mother in law.She got the money she should have the bills.They are in her sons name only.The contract of marriage ended.I am too young to collect social security.Am I responcibile for any of his debt if NOT joint on accounts?Love your help.thanks
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| Posted: Thu Jul 02, 2009 5:37 pm Post subject: |
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We need to know what state you're in, and that will determine whether you are responsible or not for any of his debts. You said the marriage contract has ended...is that because of his death, or because of a divorce?
Your husband selected his mother as his beneficiary. Unfortunately, she is not required to pay any of his bills. If the beneficiary of the life insurance was his estate, that would be a different story. If he does have any other assets they could be used to pay bills, but it doesn't sound as though that is the case.
You state that you are too young to be on social security, but I don't understand what that has to do with anything. Are you disabled or otherwise unable to work? If so, there are other programs that may help you... |
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ChrisBantly
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Joined: 11 Mar 2009
Posts: 382
Location: Upstate SC
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| Posted: Fri Jul 03, 2009 3:48 am Post subject: |
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Hello Mwnorva,
Unfortunately what Chris has mentioned is correct. If the mother-in-law is the beneficiary, she would receive the money, what she has. You really can't do anything about it.
Anyway, as being the next of kin to your husband, the creditors have the chance to come after you instead for his unpaid debts. But that doesn't mean that you are responsible to repay all. The probate law of your state would rule in this regard. Please let us know the name of your residing state. So that we can look into the state laws for you.
Also, let us know whether or not he has any estate. Normally the estate would become responsible for the debts. But if he had no estate the debts most likely would go unpaid.
~Jeremy |
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JeremyHolter
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Joined: 06 Jun 2007
Posts: 1142
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| Posted: Fri Jul 03, 2009 12:31 pm Post subject: |
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Hi mwnorva..
Thanks for your reply!
| Quote: | | I sent all bills in sons name to her,she refuses to pay any of them. |
Did she explain why she's decided against paying for the bills? Does she have any doubts?
Yes, I'd agree that you don't need to worry too much and that your case may be taken up by a probate court. But I'd also like to know another thing-
| Quote: | | Am I responcibile for any of his debt if NOT joint on accounts? |
Did he leave a huge worth of debt behind?
Steven |
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steven
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