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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 34832
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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I have a friend whose mother died from a the worse case of

Customer Question

I have a friend whose mother died from a the worse case of ovarion cancer she lives in GA. Both siblings signed the funeral contract, however the problem is her brother who is the eldest refuses to pay his part because the younger sister who took care of her mom signed the contract first. Is that true? she has to pay it all?
Submitted: 11 months ago.
Category: Estate Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Did they have a verbal agreement between them to split the cost?

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And they both signed on the contract with the funeral home, correct?

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Has sister paid it all by herself?

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thanks

Barrister

Customer: replied 11 months ago.
Hello, Barrister.. yes it was a verbal agreement between both to split the cost and yes, they both signed the contract and her name was first and her 1/2 was paid. the funeral home send the balance of the bill which was less than 1/2 and he sent it back with a typed note, he is not responsible because her name is ***** ***** the contact. I never heard of such a thing.Jo
Expert:  Barrister replied 11 months ago.

Ok, then who signed first isn't legally relevant. The funeral home can come after anyone who signs, regardless of the order. So they can come after either or both for the full bill, not just 1/2 each.

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But if brother refuses to contribute, sister has legal grounds to sue him in small claims court for half the cost under a breach of oral contract claim if she gets stuck paying the full bill. Oral contracts are entirely legally binding if the parties act on the promises of each other.

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thanks

Barrister