Funeral director wants to claim money back from estate

[GRRWO]

My mother died in 2012, and her estate was dealt with by a solicitor who took care of everything, and divided my mums estate between me and my brother.

I received a letter today from the funeral directors who still haven't been paid four years later and they say they have written repeatedly to the solicitors to request payment but have been ignored. They say that the solicitors have now told them the money has been paid out, and they need to claim the funeral costs from the beneficiaries of the estate. I'm not sure how to proceed as my understanding was that the funeral cost was a "priority debt" which the solicitors should have paid before paying out any money to the beneficiaries.

Both me and my brother have spent the little money we received from my mums estate, and have no money to pay the funeral account. I'm not sure how to proceed but feel the solicitor has made a huge mistake here and needs to be accountable as well? All the websites I've looked at say the funeral costs should be paid before money is given out to the beneficiaries, and the fact the solicitor hasn't done this is not my fault?

[paulajayne]

Re: Funeral director wants to claim money back from estate

Who signed the contract with the directors?

[Diana M]

Re: Funeral director wants to claim money back from estate

Do you know when the funeral director first presented their bill to the solicitors?

Was that before or after the estate was distributed?

Di

[GRRWO]

Re: Funeral director wants to claim money back from estate

Hi, thank you for your reply. There was no contract with the funeral directors, but I did sign some application forms for the cremation.

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Hi, yes the funeral directors presented the bill to the solicitors about a month after my mother died, and apparently they have been contacting the solicitor on a regular basis to chase payment. Apparently they've been told the estate was being dealt with, then that the file was lost and now they've been told that me and my brother have been paid the money from the estate.

- - - Updated - - -

Do you know when the funeral director first presented their bill to the solicitors?

Was that before or after the estate was distributed?

Di

Hi, yes the funeral directors presented the bill to the solicitors about a month after my mother died, and apparently they have been contacting the solicitor on a regular basis to chase payment. Apparently they've been told the estate was being dealt with, then that the file was lost and now they've been told that me and my brother have been paid the money from the estate.

[Diana M]

Re: Funeral director wants to claim money back from estate

the funeral directors presented the bill to the solicitors about a month after my mother died, and apparently they have been contacting the solicitor on a regular basis to chase payment. Apparently they've been told the estate was being dealt with, then that the file was lost and now they've been told that me and my brother have been paid the money from the estate.

It's also my understanding that the solicitors should have paid that funeral director's bill out of the estate as a priority so they may have slipped up. From what you say they had received the bill in time to deal with it.

You can make a formal complaint to them in writing and then you can refer the complaint to The Legal Ombudsman since they (the firm) were acting for you at the time. You have six years to register your complaint so you are within time

This is how you can complain (FREE) to the LOS and you can download the complaints form here too >

http://www.legalombudsman.org.uk/helping-the-public/

Di

[enaid]

Re: Funeral director wants to claim money back from estate

Just thinking and I may be wrong but I thought whoever arranges the funeral is responsible for the final bill, I doubt the solicitor arranged the funeral, but as I say i may be wrong. Lots of funeral directors ask for deposits and the banks will more often that not release funds for the funeral costs before probate although they have no need to do so.
If this were the case the bill sent to whoever arranged the funeral and not the solicitor.

[GRRWO]

Re: Funeral director wants to claim money back from estate

Just thinking and I may be wrong but I thought whoever arranges the funeral is responsible for the final bill, I doubt the solicitor arranged the funeral, but as I say i may be wrong. Lots of funeral directors ask for deposits and the banks will more often that not release funds for the funeral costs before probate although they have no need to do so.
If this were the case the bill sent to whoever arranged the funeral and not the solicitor.

Dear enaid, thank you for your reply. Yes you are right whoever is responsible for the funeral arrangements is responsible for the bill, but they can claim those costs back from the estate of the deceased. As the funeral director didn't require a deposit and I didn't have to make any payments at the time of the funeral, the bill went directly to the solicitors so that the money could come out of the estate directly. I assumed all of this had happened but is seems the solicitor forgot to pay the bill!! I just cant understand how as it seems to be something called a "priority debt" which has to be paid before any money is distributed. I'll be writing to the solicitor to make a formal complaint but that still leaves us with a bill which I have no way to pay.

[Openlaw15]

Re: Funeral director wants to claim money back from estate

My mother died in 2012, and her estate was dealt with by a solicitor who took care of everything, and divided my mums estate between me and my brother.

I received a letter today from the funeral directors who still haven't been paid four years later and they say they have written repeatedly to the solicitors to request payment but have been ignored. They say that the solicitors have now told them the money has been paid out, and they need to claim the funeral costs from the beneficiaries of the estate. I'm not sure how to proceed as my understanding was that the funeral cost was a "priority debt" which the solicitors should have paid before paying out any money to the beneficiaries.

Both me and my brother have spent the little money we received from my mums estate, and have no money to pay the funeral account. I'm not sure how to proceed but feel the solicitor has made a huge mistake here and needs to be accountable as well? All the websites I've looked at say the funeral costs should be paid before money is given out to the beneficiaries, and the fact the solicitor hasn't done this is not my fault?

If an advertisement was placed in the Gazette - as the solicitor/ executor should have done, any claims which the funeral service had expired at the point the estate was distributed. The estate is dealt with by the personal representative and solicitor, therefore. No claims can normally survive the distribution of the estate unless the executor was the beneficiary, or the executor breached the relationship of trust. Assuming the formalities were dealt with appropriately. The funeral director cannot claim a post estate interest. He may however have a claim against the solicitor potentially.

NB: the solicitor represents the legal interests, but the appointment of the estate requires a representative who acquires a 'Grant of Representation.' This is actually a legal appoint by way of a 'personal representative', ie Executor. Executor means to execute (carry out) the distribution of the estate. Unless it was a Trustee...the executor is the legal person to execute the estate. Estate in this case means where the person has died and property/ assets remain in limbo. So, Wills are used to represent the deceased's intent.

[enaid]

Re: Funeral director wants to claim money back from estate

Dear enaid, thank you for your reply. Yes you are right whoever is responsible for the funeral arrangements is responsible for the bill, but they can claim those costs back from the estate of the deceased. As the funeral director didn't require a deposit and I didn't have to make any payments at the time of the funeral, the bill went directly to the solicitors so that the money could come out of the estate directly. I assumed all of this had happened but is seems the solicitor forgot to pay the bill!! I just cant understand how as it seems to be something called a "priority debt" which has to be paid before any money is distributed. I'll be writing to the solicitor to make a formal complaint but that still leaves us with a bill which I have no way to pay.

Cheers understood now, yes go for the jugular.

Where money has been left, the funeral bill has the highest priority of all debts except for secured loans (such as a mortgage).
https://www.bereavementadvice.org/topics/the-funeral/paying-for-a-funeral

[Diana M]

Re: Funeral director wants to claim money back from estate

As the funeral director didn't require a deposit and I didn't have to make any payments at the time of the funeral, the bill went directly to the solicitors so that the money could come out of the estate directly. I assumed all of this had happened but is seems the solicitor forgot to pay the bill!! I just cant understand how as it seems to be something called a "priority debt" which has to be paid before any money is distributed. I'll be writing to the solicitor to make a formal complaint but that still leaves us with a bill which I have no way to pay.

Unless the solicitor was found to have been negligent in which case I would expect the firm (or their PI insurers) to pay

Di