Legal Question in Wills and Trusts in Iowa

Son-in-law's father just died. They were not close. Before son-in-law left the hospital, they were asked to sign a paper that said they would pay $2000 toward's cremation expenses. Apparently there is a credit card debt of $7,000, plus probably hospital bills due. Is son-in-law out the money paid for cremation and is he liable for any bills incurred by his father? Father was a veteran and the VA is asking the son to acquire Power of Attorney. Is this in their best interest?


Asked on 9/16/14, 10:45 am

1 Answer from Attorneys

Thomas Moens Moens Law Offices, Chartered

Where to start? There is no way to "acquire" a power of attorney at this point. The power of attorney must be signed by the principal, and from the information you have provided, the principal has died. In addition, even if there was a power of attorney in existence, it terminated at the father's death. If the son in law signed a document agreeing to pay the cremation expenses, then likely he is responsible for that. Son in law likely is not responsible for any of the other debts, but if the father had any assets--house, car, bank accounts, etc.--those debts would need to be paid from the assets before anything could be distributed to the father's heirs. Son in law should contact a probate attorney for additional guidance.

Read more
Answered on 9/16/14, 10:57 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Iowa