Legal Question in Wills and Trusts in Georgia

my father passed away on 7/2/11and after the funeral my family and I found he had purchased burial CDS. The CDS are POD to a competitor funeral service company that did not reveal they had sold these CDS to my dad when I previously talked to them before the funeral.My Mom and I found out through the funeral home that actually performed the services. My mom and I live in Atlanta Ga, and the funeral was held in Nashville Ga. The holder of the CDS will not release the CDS until he has a Death Certificate and a bill for the funeral in his hands. The bank does not want to get involved. They say they will give the funds to whomever presents the CDS and the Death Certificate. There was no will. What can we do?

Thanks for your help.


Asked on 8/01/11, 6:57 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

My condolences on your loss.

You get a lawyer and administer the estate and have the administrator make appropriate claims versus the bank and fuineral home to recover estate funds.

Your post is a good warning to others to properly plan an estate. Proper planning ALWAYS includes making a will. It also includes NOT buying garbage like burial CDs (and if one does do that it includes telling one's family). Sad to say much of the fault actually lies with your father.

But some of the fault may lie with a funeral home that was sleazy enough to encourage someone to buy such a CD and then dumb enough not to tell you when you asked. Your administrator may be able to take legal action to recover the money. I would also strongly encourage you to file complaints against this funeral home with the Georgia Office of Consumer Affairs, Better Business Bureau and the Georgia State Board of Funeral Service.

While your father planned poorly, the funeral home has obviously behaved badly.

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Answered on 8/01/11, 7:30 pm


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