Legal Question

[Murgatroy]

If you can quote law, or are a lawyer, please answer. Anecdotal is fine, but will be taken with a grain of salt. If you prefer to PM me that is fine to. I just need a simple answer, not sympathy or sorrow.

 

A family member dies and legally there was no will, no power of attorney and four equal heirs. One heir is in prison, one heir is homeless and otherwise unknown. Two heirs are available. One of the two heirs feigned interest in settling the issue of the remains, however upon finding out that the 'estate' only exists as the remains, has refused to answer phone or text from the other heir, the hospital or the nursing home.

As such the last remaining heir is using the clause of 'paramount right' to have the remains cremated. This heir is covering the cost.

 

All heirs are estranged from one another and the decedent. Some for over twenty years.

 

That is the background.

 

The question regards the one heir that is using 'paramount right' to have the remains cremated. The research on that is done, but the question is about any debts or other contracts regarding the decedent. Does the heir have any legal responsibility to that? Again, there is no power of attorney, no will, nothing of the sort. It is my understanding that any property real or imagined was seized by the state many years ago. The decedent has been passed for nearly a week and this is only being settled as a way to prevent an 'unclaimed body,' and clearing a conscience. 

 

Thank you for your time.

[Omega]

23 minutes ago, Murgatroy said:

If you can quote law, or are a lawyer, please answer. Anecdotal is fine, but will be taken with a grain of salt. If you prefer to PM me that is fine to. I just need a simple answer, not sympathy or sorrow.

 

A family member dies and legally there was no will, no power of attorney and four equal heirs. One heir is in prison, one heir is homeless and otherwise unknown. Two heirs are available. One of the two heirs feigned interest in settling the issue of the remains, however upon finding out that the 'estate' only exists as the remains, has refused to answer phone or text from the other heir, the hospital or the nursing home.

As such the last remaining heir is using the clause of 'paramount right' to have the remains cremated. This heir is covering the cost.

 

All heirs are estranged from one another and the decedent. Some for over twenty years.

 

That is the background.

 

The question regards the one heir that is using 'paramount right' to have the remains cremated. The research on that is done, but the question is about any debts or other contracts regarding the decedent. Does the heir have any legal responsibility to that? Again, there is no power of attorney, no will, nothing of the sort. It is my understanding that any property real or imagined was seized by the state many years ago. The decedent has been passed for nearly a week and this is only being settled as a way to prevent an 'unclaimed body,' and clearing a conscience. 

 

Thank you for your time.

Most debtors, credit cards, loans etc, can't hold a third party responsible for any debt.  My MIL passed away and I took the responsibility of taking care of notifications to debtors. You will need a few copies of the certified death certificate, some will accept a faxed, scanned copy, others will insist on an original.  

[TripleGGG]

I wasn't aware of any such law as this until my mother passed away last year.  She didn't owe anyone as my brother and I always took care of her.  While she was in hospice this topic came up with some family and friends.  Like I said most of us in the room had never heard of this.  Come to find out there are 29 or 30 states that have varying laws for filial responsibility. TN being one as is NC where my mother lived.  Google "Filial Responsibility" to get all the reading you would like.  As always, an attorney is where one should get their factual answers.  Was dealing with our attorney for some legal preparation for my in-laws today.

http://www.calhounlawtn.com/tennessee-filial-responsibility-rules/

[Murgatroy]

Just a brief cursory view of that would negate filial responsibility under abuse and neglect, with court records and state custodial responsibilities to back it up. Thank you.

[TNman207]

Here's my advice for what it's worth; the silliest thing you can do is take legal advice from anyone on a forum.

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[mikegideon]

22 hours ago, Omega said:

Most debtors, credit cards, loans etc, can't hold a third party responsible for any debt.  My MIL passed away and I took the responsibility of taking care of notifications to debtors. You will need a few copies of the certified death certificate, some will accept a faxed, scanned copy, others will insist on an original.  

Death certificates are like gun safes. You never get enough the first time around.

[mikegideon]

21 minutes ago, TNman207 said:

Here's my advice for what it's worth; the silliest thing you can do is take legal advice from anyone on a forum.

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The worst advice you can get on this forum... "What's the best handgun?". It all gets better from there.

[Murgatroy]

3 hours ago, TNman207 said:

Here's my advice for what it's worth; the silliest thing you can do is take legal advice from anyone on a forum.

Sent from my XT1585 using Tapatalk
 

Thankfully I have been around long enough to realize when advice is sound, and when it isn't. This site if full of a lot of knowledgeable cats, and some lawyers.

[Hershmeister]

I wasn't aware of any such law as this until my mother passed away last year.  She didn't owe anyone as my brother and I always took care of her.  While she was in hospice this topic came up with some family and friends.  Like I said most of us in the room had never heard of this.  Come to find out there are 29 or 30 states that have varying laws for filial responsibility. TN being one as is NC where my mother lived.  Google "Filial Responsibility" to get all the reading you would like.  As always, an attorney is where one should get their factual answers.  Was dealing with our attorney for some legal preparation for my in-laws today.
http://www.calhounlawtn.com/tennessee-filial-responsibility-rules/

File under WtF?!


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[Omega]

Just now, Hershmeister said:

 

 

File under WtF?!


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Yea, and if your folks go into a nursing home, the state can put a lean on their property.  And if they transfer (gift) said property, it had better be at least 5 years before they go into the nursing home or the state can still go after it.  Knew someone that was fighting the state because their parent had parcelled out some land to them and they built a house on it, and the state said they owned their land and house because the parent went into a nursing home before the 5 years was up.  I changed jobs so don't know the outcome but I thought it was BS for the state to even attempt that.

[TNman207]

As long as you can tell one from the other, you should be fine. Best!

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[macville]

On 11/29/2017 at 1:07 AM, Omega said:

Yea, and if your folks go into a nursing home, the state can put a lean on their property.  And if they transfer (gift) said property, it had better be at least 5 years before they go into the nursing home or the state can still go after it.  Knew someone that was fighting the state because their parent had parcelled out some land to them and they built a house on it, and the state said they owned their land and house because the parent went into a nursing home before the 5 years was up.  I changed jobs so don't know the outcome but I thought it was BS for the state to even attempt that.

Seems like there should be a burden of proof on the state to show that the parents purposely became destitute before they can touch any property.

[Omega]

2 hours ago, macville said:

Seems like there should be a burden of proof on the state to show that the parents purposely became destitute before they can touch any property.

No, it seems all they need is to be under state care, then the state can recoup their expenditures.  There are a few loopholes, such as a disabled child in the house or a child living there with no means to go elsewhere.  The child can be an adult child of the home owner in state care btw.

[macville]

On 11/30/2017 at 4:45 PM, Omega said:

No, it seems all they need is to be under state care, then the state can recoup their expenditures.  There are a few loopholes, such as a disabled child in the house or a child living there with no means to go elsewhere.  The child can be an adult child of the home owner in state care btw.

"Should be" is the key word. But the people who write laws are crazy on purpose.