Legal Question in Civil Litigation in California
California Codes Healthy and Safety Section 7100
My estranged brother passed away last week. I have received numerous phone calls and a faxed letter from a Mortuary telling me I owe $2,082.04 for funeral goods and services. They state per California Codes, Health and Safety Code Section 7100 sub section # 5 because I am a surviving competent adult sibling of the decedent, I am financially responsible. There was no estate; he had no possessions or money.
Today the Mortuary called and said they would proceed with litigation and the cost would increase if I did not agree to pay them. I told them and I am not personally liable for any of my estranged brother expenses -- including his funeral. Can they sue me?
2 Answers from Attorneys
Re: California Codes Healthy and Safety Section 7100
Health & Safety Code Section 7100 does offer some protection to mortuaries and funeral homes, but you hae not stated enough facts to determine whether or not you are liable. If you were calling the shots and making decisions about your brother's burial, you might be liable under Section 7100.
On the other hand, if you had nothing to do with the funeral planning, you are not liable. Section 7100 is designed to keep people from planning a funeral and then not having to pay for it by using the excuse that there was no estate.
Re: California Codes Healthy and Safety Section 7100
If there is no spouse, other siblings, parent or children, you may be liable. See:
(d) The liability for the reasonable cost of final disposition
devolves jointly and severally upon all kin of the decedent in the
same degree of kinship and upon the estate of the decedent.
I am sorry, it seems unfair. There may be some exception of which I am not yet aware.
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