Legal Question in Credit and Debt Law in New Jersey
Promissory note
the funeral home that took care of my sister wants me to pay the promissory note signed by my niece. my niece was the next of kin and took over the bank account that easily would have covered all costs with much left over.She has not paid and her where abouts are not known. am I responsible for repayment of any debts of my sister or my niece?How should I reply to this request for payment?
2 Answers from Attorneys
Re: Promissory note
There is a huge amount of important information that any attorney would need to understand your situation. You are apparently in Georgia, per the bulletin board, but your message is being sent to New Jersey attorneys. Why? Are you concerned that your neice has apparently taken your dead sister's money and run away with it? There are many serious issues here.
No, you are not responsible for the cost to bury your sister if you did NOT sign any documents nor make any agreement to be responsible and pay.
You really need to meet with a local lawyer to get some good advice. Please contact me if I can assist you.
Re: Promissory note
Unless you agreed to pay these costs by entering into a contract with the Funeral Home, there is no law in NJ or any other state that I know of that makes you responsible for this expense of your sibling's Estate. However, as I practice law in NJ, I cannot say for certain what the law of Georgia is. There's not even enough information provided to determine which state's law would apply. If you aren't legally responsible then you don't have an obligation to respond to the Funeral Home either but if they persist, to do so without any legal basis could rise to the level of harassment.
I personally would have no qualms about telling them what your niece did and giving them whatever information you may have so that they can pursue her. But it is not your problem and the Funeral Home can't reclaim what it sold based upon someone else's (most likely your niece) promise to pay.