Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

My wife died-Brest Cancer on October 25, 2010, I negotiated

in good fate with a...
My wife died-Brest Cancer on October 25, 2010, I negotiated in good fate with a Funeral Home for funeral arrangements at a cost of $12,987 to be paid from my wife’s life insurance settlement of $20,500. My wife spent seven weeks in Hospice and then I received a bill for $24,000 from the nursing home. Along with the medical bills, consumer debt and the fact I would have to return two months of my wife’s income to medicate, that I used for living expense, I filed Bankruptcy, Chapter 7, on November 15, 2010 and was discharged on February 25th 2011. Shortly after the Funeral Home received the Bankruptcy petition, one of the owners called my home, very upset that I filed Bankruptcy and he was trying to collect the $12,000, then I got angry and told him so, I just lost my wife to Brest cancer and because of my medical bills I had to file Bankruptcy. I was really upset at the way he was caring on. He then called my sister, who is a family friend, and she agreed to pay the funeral expenses. In the summer of 2011 my sister paid $6,000 to the funeral home when I found out I told my sister not to pay them any more money until we find out what the funeral home recovers from my Bankruptcy estate. Eventually the funeral home recovered $3,875 from my Bankruptcy estate.
In the spring of 2012 my sister ended up in a nursing home, assisted living, because of her diabetes and was in the process of selling her house when the brother kept calling her to collect the $3,000. I told my sister that she is not obligated to pay them anything until she sells her home. She paid them the remaining balance of the funeral expenses.
My sister gave me her car last year because she no longer can drive and I would take her grocery shopping and transport her to her doctors.
My sister now wants me to sell my car and give her the proceeds because of her expenses in the nursing home.
What recourse, if any, to I have against that funeral home?
Thanks,
Tony Radogna
Greece, NY
Show More
Show Less
Ask Your Own Legal Question
Answered in 22 minutes by:
5/6/2013
Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31,873
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified
Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.

The funeral home had a right to collect the debt until the bankruptcy. However, if your bankruptcy discharged the debt to the funeral home, then you have no legal obligation to pay it anything and it cannot seek to recover the debt from you as a result.

As for any recourse against the funeral home for harassing you about the bill, the only real cause of action I can see is intentional infliction of emotional distress. In order to pursue this, you would need medical proof that you have suffered mentally as a result - - usually, you need treatment from a medical provider (psychologist, etc.) and also preferably a diagnosis that is caused by the treatment of the funeral home. If you can prove that the funeral home's actions have caused you distress and that you have sought mental health treatment as a result, then you could make a case for damages.
Ask Your Own Legal Question
Customer reply replied 4 years ago

What about monetary compensation, those funeral expenses were legally discharged in my Bankruptcy? If the funeral home didn’t harass my sister to collect that debt, she won’t be asking me for her car back.

You would not have a cause of action against the funeral home for this BECAUSE you weren't pursued by the funeral home for the debt AND your sister voluntarily agreed to pay - - your sister may have a claim against the funeral home for something, but you would not.

Also, one thing you need to make sure is understood - a bankruptcy DOES NOT erase a debt; instead a bankruptcy only discharges the bankrupt debtor's OBLIGATION to pay the debt. So, the debt is still valid, due and outstanding to the funeral home, BUT it's just not collectible from you because you have received a discharge of the debt.

Thus, the debt is still collectible, and if your sister agreed to pay, there's nothing you can do about that. Any claim would be between your sister and the funeral home.
Ask Your Own Legal Question
Customer reply replied 4 years ago

One more question, (thank you for your time), the funeral home was paid in cash, is it possible they double dipped and also had a deductible business expense?


You say I don’t have a cause because I wasn’t pursued: He called me after he received my BK notice wanting me to pay the funeral expenses. After I became upset at him is when he turned around and put pressure on my sister.

I can't say whether it not the funeral home double dipped or not. They certainly should not have done so, but finding that out would likely take a lawsuit and a subpoena.

An isolated phone call to you isn't likely going to be enough in your case to have a claim. Also, if the funeral home contacted you after filing, you could have filed a petition in bankruptcy court claiming that they violated the automatic stay, and the judge could have thrown out the claim altogether - but this is not likely because of just one call.

Your sister may have a claim for intentional infliction of emotional distress, however.
Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31,873
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified
Roger and 87 other Legal Specialists are ready to help you
Ask your own question now

Hi -

I was checking in to see if you had any additional questions or needed anything further. If so, please let me know. Thanks.

Ask Your Own Legal Question
Ask Roger Your Own Question
Roger
Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31,873
31,873 Satisfied Customers
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters

Roger is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
My mother took out a life insurance policy on me when I was
Hi, my mother took out a life insurance policy on me when I was a minor. I'm 27 now, and found out she's refusing to sign the policy over to me despite the fact I'm an adult and her agreeing to over a… read more
LegalGems
LegalGems
Juris Doctorate
10,698 satisfied customers
If he invested his own life insurance money in it that was
If he invested his own life insurance money in it that was opened before marriage,and then after marriage put it into bitcoin does That still count as joint asset?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
How can i investigate or find life insurance available for
Second opinion] How can i investigate or find life insurance available for my deceased husband, without a company name or policy number. Does such of an investigative service exist?… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
A life insurance policy which was cancelled in October,
a life insurance policy which was cancelled in October, November, and December, and on auto-pay has still not ceased. what to do? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,372 satisfied customers
How can i investigate or find life insurance available for
How can i investigate or find life insurance available for my deceased husband, without a company name or policy number. Does such of an investigative service exist?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
We need advice on universal life insurance policy. New
We need advice on universal life insurance policy. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,372 satisfied customers
I want to have a life insurance policy and add my fiancée as
I want to have a life insurance policy and add my fiancée as one of the beneficiaries. The Insurance company is asking me: "insurable interest exists/what financial loss will be incurred by the person… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,372 satisfied customers
I am a grandfather who took out a life insurance policy for
I am a grandfather who took out a life insurance policy for my 19 year old … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Named as beneficiary on life insurance and wondering if upon
Named as beneficiary on life insurance and wondering if upon award, one can reassign that benefit to someone else to receive the money with similar no tax benefit or can I only then give as a gift??… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am the beneficiary of a life insurance policy and the
I am the beneficiary of a life insurance policy and the insurance company won't make the check out to me.they keep sending it to the estate of Don Sergott so the bank won't cash it. I called them and … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I need to ask a lawyer familiar with Life Insurance laws. A
I need to ask a lawyer familiar with Life Insurance laws. A company in Ohio just notified me of a policy my father had purchased listing me as beneficiary in 1955. He died in 1982. I was not aware pol… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,334 satisfied customers
My ex husband cancelled his life insurance policy that was
My ex husband cancelled his life insurance policy that was stated parties agree to maintain current life insurance policies. I still have mine. What actions can I take or can nothing be done … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,334 satisfied customers
My husbands life insurance policy was canceled from FARMERS
Second opinion] My husbands life insurance policy was canceled from FARMERS Insurance after 20 to 25 years paying for. Have copy from Farmers but do not understand. Would like my money for the time I … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
I was overpaid by a life insurance company that made a
I was overpaid by a life insurance company that made a mistake. They called me and want the money back , but I have spent a lot of it. Am I required to pay them back. Massachusetts resident … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,962 satisfied customers
What is going to happen regarding a missing life insurance
What is going to happen regarding a missing life insurance beneficiary? My mom passed away 3 weeks ago/ She lived with us for the last 21 years and we home hospiced her. Well, she told me that she had… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,962 satisfied customers
Husband failed to change beneficiary of life insurance
Second opinion] Husband failed to change beneficiary of life insurance policy, bought during 14 year marriage to first wife, when he remarried. He continued to pay premiums during 53 year marriage to … read more
Michael Bradley
Michael Bradley
JD
1,192 satisfied customers
If you have issued a subpoena as a pro se litigant are you
Hi there, if you have issued a subpoena as a pro se litigant are you required to notify the opposing party's counsel that you have issued a subpoena? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
What if there is a life insurance policy on someone and no
What if there is a life insurance policy on someone and no beneficiary is assigned? Who gets the money? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,372 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x