Who pays for a person's funeral?

[debodun]

What is the name of your state (only U.S. law)? NY
A friend of a decedent signed the funeral and burial contract agreement with the mortuary before an estate administrator was appointed in an intestate death situation. I've been informed by a non-legal source that the person who signed is responsible for paying and not the executor. Is that true?

 

[Antigone*]

What is the name of your state (only U.S. law)? NY
A friend of a decedent signed the funeral and burial contract agreement with the mortuary before an estate administrator was appointed in an intestate death situation. I've been informed by a non-legal source that the person who signed is responsible for paying and not the executor. Is that true?

It depends on what the "friend" signed. We can't see the contract so we can't tell you.

 

[anteater]

What is the name of your state (only U.S. law)? NY
A friend of a decedent signed the funeral and burial contract agreement with the mortuary before an estate administrator was appointed in an intestate death situation. I've been informed by a non-legal source that the person who signed is responsible for paying and not the executor. Is that true?

From the mortuary's point of view, whoever signed the contract.

As long as the administrator is not being a jerk, the administrator should be OK with paying the bill.

If the administrator is being a jerk, the friend may have to pay it and make a claim against the estate.

 

[Zigner]

The friend is likely responsible to pay the funeral home but the friend should seek compensation from the estate.

ETA: Yeah, what he said!

 

[xylene]

Why would the the friend have a claim against the estate for the funeral arrangements he signed for BEFORE the appointment of an executor?

 

[debodun]

The situation is that the decedent was a widow with no children. An executor had to be found which took almost a year. Too long to wait to bury someone, so a friend signed the mortuary contract as an emergency action.

 

[Zigner]

Why would the the friend have a claim against the estate for the funeral arrangements he signed for BEFORE the appointment of an executor?

What bearing would the appointment (or lack of) an executor have on a person's claim against the estate? Does the absence of an executor invalidate claims against the estate?

 

[anteater]

Why would the the friend have a claim against the estate for the funeral arrangements he signed for BEFORE the appointment of an executor?

Have you ever known a funeral to be put off until probate is opened and an administrator for the probate estate appointed?

Mortuaries/funeral homes/cemeteries want someone to sign on the line that is dotted. Sometimes the nominated executor is there to make the arrangements and sign the contract. Sometimes not. Sometimes, as in intestate estates, it isn't known who the administrator will be.

Funeral expenses are a priority claim. And idiot administrators who get a bug up their rear about paying the funeral expenses just because someone else had to make the arrangements/sign the contract usually end up getting slapped upside the head by the court.


ETA: [Yeah, what Zig said...]

 

[anteater]

The situation is that the decedent was a widow with no children. An executor had to be found which took almost a year. Too long to wait to bury someone, so a friend signed the mortuary contract as an emergency action.

The bill hasn't been paid yet? The friend should contact the administrator to work things out.

 

[xylene]

What bearing would the appointment (or lack of) an executor have on a person's claim against the estate? Does the absence of an executor invalidate claims against the estate?

I was going from the perhaps faulty assumption that the friend was co-opting and proceeded with an extravagant burial that may have been intended as a gift and not desired by the soon to be name executors.

 

[Zigner]

I was going from the perhaps faulty assumption that the friend was co-opting and proceeded with an extravagant burial that may have been intended as a gift and not desired by the soon to be name executors.

I see your point. However, that wouldn't mean that the friend is entitled to nothing in the way of compensation.