Can I make my stepmother reimburse us for the cost of my father’s funeral?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I make my stepmother reimburse us for the cost of my father’s funeral?
My dad just passed away. He was married and separated but not legally separated. His wife
collects social security and has a boyfriend. She refused to be responsible for funeral costs.
My 2 sisters and I split the cost. I just found out that she got an automatic extra payment for his
death from the office of social security. The funeral home mistakenly put divorced on his death certificate. She demands I change it. She said until she gets the corrected copy and her social security checks, she will not give it to me and my sisters. We need it for funeral expenses. Every little bit helps at this point. I opened a succession and am the executor. She also just got engaged 3 weeks after my dad passed. Is she just playing the system or doing anything legally wrong?
Asked on May 20, 2016 under Estate Planning, Louisiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Your stepmother was under no legal obligation to pay for the costs of your father's funeral. Spouse's are not legally required to pay for such expenses. This is true regardless of her keeping the extra money from Social Security or having a boyfriend and becoming engaged so shortly after your father's death.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
1) You can't force her to pay you unless she agreed to share the costs with you--if you and your sisters agreed to split the costs and pay for the funeral but your stepmother never did, you can't legally force your stepmother, who hadn't agreed to pay, to pay.
2) There is nothing illegal about her keeping the extra payment for your father's death.
3) There is nothing illegal about her getting engaged shortly after his death.
Based on what you write, your stepmother may be acting immorally or unfairly, but not illegally.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.