This question is for my niece. Her husband's mother just died and left a
lot of debts and no insurance. Also, no will. I assume her debts
outweighed whatever assets she had. She was unmarried (divorced).
I don't know anything about Massachusetts Probate Law, so I respond to
your Queries with GENERAL Priniciples of Probate...
Two questions: Can her burial expenses be paid for out of her estate?
Well, Yes and No... UNluckily, Mom died "Intestate"... w/o a Will...
therefore, The Probate Court will have to appoint an "Executor" to oversee
the Process Receiving Claims against the Estate... Pay Creditors...
Administer Costs of Probate... and Distribute Remaining Assets to Heirs
*According To the Laws of the State*... This Process of course takes
Considerable Time to Accomplish... Much Longer than the average
Viewing/Wake/Lying In State... There *Might* be a Petition Process where the
Heirs can request that the Court provide an "Advance Distribution" [to cover
Funeral Expenses] but *I* wouldn't count on such a *Possibility*...
Bottom Line here is: The Funeral home isn't going to commence an
Expensive Funeral *On The Chance That* they'll get paid out of the
Decedent's Estate... They're gonna DEMAND that Someone Be Responsible for
payment of All Funeral Expenses... and IF that Responsible Person receives
[Eventually] a distribution from the Decedent's Estate, then *yes*, the
costs can be paid "Out Of the Estate"...
My
niece seems to think that her husband and his sisters will have to pay for
this.
Well, *if* The Siblings *Contract With* a Funeral Home for Funeral
Services - and Nothing On Earth can force them to Provide a Funeral for
Mom - then Yes, Of Course, they "will have to pay for this."
Also, can creditors come after the woman's children to pay off the
debts?
No. "Debts Die With the Debtor"...
*Unless* the Heir(s) was/were a Co-Signatory/Contractor of the Debt...
This is in Massachusetts.
Naughtius "Lemme Tell Ya A Story About Stockbridge Massachusetts..." Maximus
