Legal Question in Insurance Law in Georgia

my father past away and my sister was the benificial on his insurance, she didnt pay the furnal bill with the insurance money each child had to pay 1/4 of the bill can we take her to small claims court to recover our money


Asked on 3/18/10, 2:04 am

1 Answer from Attorneys

Paula McGill Attorney at Law

Who decided that each child was to pay 1/4 of the bill? Did she agree to do it and then breach her promise? Does the will require her to pay her portion of the funeral with the money from insurance. What does your father's will say about expenses from his estate? If she did not obligate herself to pay, the estate is responsible for paying for the testator's funeral. If there's money in the estate, you may want to talk to the executor about getting her share from the estate.

Under normal circumstances, a family member's obligation to pay funeral expenses is voluntary. However, if she committed herself to pay 1/4, arguably she formed a contract and is bound by the agreement.

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Answered on 3/23/10, 9:25 am


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