funeral expenses

by cor

My mother died October, 2011 at the hospital and I was required to sign the release. She already had a plot next to my father whichI was told was paid in advance. After she arrived at the funeral home and I was required to make the arrangement because my older brother refused, I was told she had cashed in her funeral prepaid policy. Now I am being harrassed terribly by an agency. I have not filed probate or accepted "exextorshiip" because her situation was such a mess. They are threatening me and saying they will ruin my credit, etc. Why am I the sole family member responsible for this debt? I do not have the funds and am so afraid they will destroy any chance for me to get back on my feet. I am 56 years old. I homecared for her prior to passing, but her "estate" consisted of a negative figure. What can I do...these men that call are cruel and I have tried to setup a payment plan but they refuse. Please help!!

Comments for funeral expenses

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Jul 02, 2012
funeral expenses

So sorry for your situation! It sounds terribly stressful. Unfortunately your problem is quite complicated and so you really need to schedule an appointment with a probate law attorney in your area to sort things out and determine what you need to do next. I know you probably do not want to spend the money, but an hour or two of an attorney's time will be money well spent if it means that you understand what your legal rights are, what your next steps should be, and so on.

In the meantime, I recommend that you write to the collection agency that is contacting you about the unpaid funeral expenses and request written proof that you owe the debt it wants you to pay. Make a copy of the letter for your files and send it certified mail, return receipt requested. Unless you guaranteed payment on the debt by signing paperwork, I do not believe that you are any more obligated to pay it than your sibling is. The collector just wants to collect the money and does not care who pays it. However, legally, no one may be obligated to pay it now that your mother is dead. Again, talk with an attorney!

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