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I have a friend whose mother died from a the worse case of

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ovarion cancer she lives in...
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: 1 year ago.Category: Estate Law
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Answered in 4 minutes by:
3/31/2016
Estate Lawyer: Barrister, Attorney replied 1 year ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 38,648
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
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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?

.

.

thanks

Barrister

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Customer reply replied 1 year 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
Estate Lawyer: Barrister, Attorney replied 1 year 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.

.

.

thanks

Barrister

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Barrister
Barrister
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Category: Estate Law
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Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate

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