Mortuary Law Chapter 6

Question 1

The care of the family and the proper performance of his/her duties.

Answer 1

The Principal Concerns of the Funeral Director

Question 2

• The estate of the decedent
• The surviving spouse
• A parent (if the decedent is a minor)
• Any person who signs the contract with the funeral home
• In the last resort, the government

Answer 2

Sources to look to for the payment if the funeral bill

Question 3

• Primary obligor
• Reasonableness of the funeral bill
• Collection against an estate

Answer 3

Liability of the Estate

Question 4

The real and personal property owned by the decedent at the time of his or her death.

Answer 4

Estate

Question 5

Land and anything attached to it.

Answer 5

Real Property

Question 6

Any tangible or intangible property such as personal effects, furniture, automobiles, jewelry, money, stocks, bonds, insurance proceeds payable to the estate, and the like.

Answer 6

Personal Property

Question 7

Primarily responsible to pay the reasonable and necessary expenses of the disposition of the body.

• If it has property, the funeral director may look to it for payment of the funeral bill

Answer 7

Estate

Question 8

Will usually be accorded a high priority in the list of claims to be paid. The bill itself or at least a large portion of it is typically the second or third debt to be paid.

Answer 8

The Funeral Bill

Question 9

Paid before bequests are made to heirs and legatees under the estate.

Answer 9

General Debt

Question 10

If the decedent leaves a will that authorizes payment of funeral expenses, such provision is enforceable against the estate if it has sufficient assets to pay the bill. If the decedent does not leave a will, or if the will does not specifically provide for the payment of funeral expenses, the amount of funeral expenses properly charged againt the estate will, in the absence of a statutory provision, be limited by the probate court to a reasonable amount.

Answer 10

Reasonableness of the Funeral Bill

Question 11

If the court finds the bill is ________ high, it will not permit assets of the estate to be used to pay that amount which it finds to be ______.

Answer 11

Unreasonably

Question 12

1. The size and solvency of the estate
2. The right of the creditors
3. The station in life of the decedent
4. The decedent’s religious faith
5. The decedent’s fraternal memberships
6. Local and contemporary custom
7. The funeral director’s knowledge of the financial condition of the decedent.

Answer 12

Determining the Reasonableness of a Funeral Bill (Courts)

Question 13

Often measured in relation to the size of the estate.

Answer 13

Reasonableness of the Funeral Bill

Question 14

If the decedent maintained a higher position in life, a more expensive funeral bill may be justified.

Answer 14

Position in Life

Question 15

If local, ethical, or religious customs will be more inclined to permit a more expensive bill.

Answer 15

Religious Faith

Question 16

If the funeral director contracts for a pretentious funeral although he knows the estate is modest, the court will be less willing to permit the estate to pay the expensive funeral bill. If the funeral director had no knowledge that the estate was small, a court will be more inclined to approve a higher funeral bill.

Answer 16

The Funeral Director’s Knowledge of the Financial Condition of the Decedent

Question 17

One of the principal disadvantages of looking to the estate for payment of the funeral bill.

Answer 17

The Delay in Collection

Question 18

Can often take up to a year after the death of the decedent.

Answer 18

Probate of an Estate

Question 19

While the probate laws in most states permit executors to pay funeral expenses from the estate even before the executor is appointed by the court, funeral directors in many cases encounter problems in promptly collecting funeral bills from estates.

If the funeral director has additional parties execute the funeral contract, it enables the funeral director to collect the funeral bill from third parties if the estate delays the payment of the bill.

Answer 19

It is Advisable for Funeral Directors to Have Additional Parties Execute the Funeral Contract

Question 20

The common law rule is that the husband and father are primarily liable to pay the funeral expenses of the wife and dependent children.

• Even if the wife leaves the estate
• True whether or not the husband signed the contract
• Cannot recoup the funeral expenses from the decedent’s estate.
• Primarily liable and the estate is secondarily liable for the funeral expenses.

Answer 20

Liability for Funeral Expenses of Dependent

Question 21

Some states have ______ the common law rule (making the husband/father liable) making the estate primarily liable for funeral expenses.

Answer 21

Superseded

Question 22

If the wife or child specifically provides in his or her will that the estate is to pay for the funeral, the husband or father’s duty to pay the expenses is ______ by the estate.

Answer 22

Superseded

Question 23

It should be noted that if another member of the family or a third party executes the funeral contract and agrees to become primarily liable to pay for it, the husband or father’s obligation is ________.

Answer 23

Extinguished

Question 24

Under the common law, the duty of the husband is not affected by the fact that the husband and wife are separated at the time of her death. Nor is his liability avoided by the fact that he did not arrange the funeral, that he did not attend it, or even that he was not ___of her death.

Answer 24

Aware

Question 25

Under the common law, there is no duty on the _____ to pay for her husband’s funeral. However, in some jurisdictions an exception to this rule is recognized where the husband’s estate is inadequate to pay for the expenses.

Answer 25

Wife

Question 26

In some states, there are statutes making the wife ______ chargeable for family expenses, thereby abrogating the common law and making her responsible for the husband’s funeral expenses.

Answer 26

Equally

Question 27

The person who ______ a funeral director to undertake a funeral does not automatically make himself liable for the funeral expenses.

Answer 27

Requests

Question 28

Unless the law implies liability on the requestors part because of his _____ ______ to the decedent or because he expressly or implicitly agress to become individually liable for the funeral expense, he will not be responsible for the funeral bill.

Answer 28

Legal Relation

Question 29

In some states that do not have the statutory law that makes the estate primarly liable, jurisdictions hold that in the _______ of special understanding that the funeral home is to look to the estate for payment, the widow who arranges the funeral will be liable.

Answer 29

Absence

Question 30

Although an unlreated third party is not liable for funeral expenses even if he arranges the funeral, he can agree by ___ or ____ contract to make himself personally liable on the contract, the funeraly director should have the party execute a written contract.

Answer 30

Oral or Written

Question 31

In those cases where there is a question about the size or solvency of the estate, it is prudent that the funeral director have a relative ___ ____ become liable on the contract in the event that the estate is unable to pay the funeral expenses.

Answer 31

Third Party

Question 32

Usually not appointed until well after the funeral services have been provided so the question of his liability seldom arises.

• When they engage the service of the funeral director for the decedent, may be personally bound to pay the funeral expenses unless he has stipulated against personal liability, or the circumstances are such as to clearly show that the funeral director was looking to the estate for primary payment.

Answer 32

Executor or Administrator of the Decedent’s Estate

Question 33

If an executor or administrator pays fo rthe funeral from his ___ ___, he may be reimbursed by the estate for the reasonable expense of the funeral.

Answer 33

Own Funds

Question 34

Where an executor is vested by a ___ with authority to expend for funeral expenses such amount as he deems proper, the exercise of his discretion will not be reviewed by the probate court in the absence of showing that he arbitrarily and improperly determined the amount to be expended for funeral expenses.

Answer 34

Will

Question 35

Where a funeral is ordered by a public official in the performance of the duties of his office, the state or one of its subdivisions may be rendered liable to the funeral director for the funeral.

• The funeral director should ensure that the state or one of its subdivisions will accept responsibility for payment of the bill before performing the funeral.

Answer 35

Liability of State

Question 36

May also be responsible by law for the full or partial payment of indigent funerals.

• With tightening budgets, funding for dispositions of indigents has been eliminated or restricted in many jurisdictions.
• Funeral directors need to know what government agencies make funds available for indigent funerals and how to make claims for those funds.

Answer 36

State and Local Governments