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Thread: Deceased estate with inadequate funds for bills?

  1. #16
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    Quote Originally Posted by Lozza2442 View Post
    Hell, even if you do want a funeral you should donate your body to science. Just have a closed casket. Most people wont know the difference. It's just a place for people to come together to mourn regardless of if there's any body.
    I'll be happy (well I wont be there) if they just throw me on the bonfire like a Guy and have a F'ing good party.
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  2. #17
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    Quote Originally Posted by oneofsix View Post
    I'll be happy (well I wont be there) if they just throw me on the bonfire like a Guy and have a F'ing good party.
    That's how I feel. I used to tell my Wife that after my cremation she can just flush my ashes.

    (Then I realised funerals are for the living, so told her to do whatever she wants.)

    I'm fully on board with being a donor or science teaching tool. My left-over meat may as well be of use to someone.

    My body will provide one last bit of humour.



    (Oh, and funeral directors don't subsidise the funerals of the less-well-off. Everybody else who does pay for their own funeral does.)
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  3. #18
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    Thank you to those who offered constructive advice. Funeral costs are OK its the outstanding bills that are the problem.
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    claim your maori and ask them to write it iff what the crown owed them?? ???

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  5. #20
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    Quote Originally Posted by Motig View Post
    Thank you to those who offered constructive advice. Funeral costs are OK its the outstanding bills that are the problem.

    All this is sorted out through probate. 1st in line is the funeral director, 2nd is the IRD, 3rd is outstanding accounts & that kind of thing.4th is the dispersal of the remaining funds (if any) to whoever is in the will.
    Probate often takes around 6 months, longer if there wasn't a will. Longer still if there is someone contesting the will.

    The relatives are not liable for the bills of the dearly departed.
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  6. #21
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    Quote Originally Posted by jafar View Post
    All this is sorted out through probate. 1st in line is the funeral director, 2nd is the IRD, 3rd is outstanding accounts & that kind of thing.4th is the dispersal of the remaining funds (if any) to whoever is in the will.
    Probate often takes around 6 months, longer if there wasn't a will. Longer still if there is someone contesting the will.

    The relatives are not liable for the bills of the dearly departed.
    My understanding is that the funeral director is contracted by the relatives BEFORE the will has been read and before probate. The estate should pay for the funeral director, but if there are insufficient funds then the relatives are responsible. This I am sure of after having to help meet the outstanding costs of my mother-in-law's funeral.
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  7. #22
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    Quote Originally Posted by Jantar View Post
    My understanding is that the funeral director is contracted by the relatives BEFORE the will has been read and before probate. The estate should pay for the funeral director, but if there are insufficient funds then the relatives are responsible. This I am sure of after having to help meet the outstanding costs of my mother-in-law's funeral.
    When my mum died , we contacted the funeral director & they did the job, but they were paid by the estate. If there was insufficient funds in the estate to pay the funeral director then thats another situation altogether.

    The OP said that funeral expenses were not the issue, the issue is with bills that the deceased had not paid before their demise.
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  8. #23
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    Quote Originally Posted by jafar View Post
    ....The OP said that funeral expenses were not the issue, the issue is with bills that the deceased had not paid before their demise.
    Those bills are paid out of the estate after taxes, fines etc. If there is insufficient left to cover them then the family are not responsible.
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  9. #24
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    You cant pay bills if you are dust or 6 feet under that is a simple fact. However, the deceased estate can be called upon to settle debts incurred prior to death.

    Hopefully there is a will that names the executor/s. Any money the Estate holds must go to the Funeral director as the first call, then as jafar says IRD will want what they are owed. A complete financial statement should be prepared, taking into account ALL expenses related to the grant of probate and administration of the estate. If there is no will then the process takes longer and I feel sorry for you. Most companies will write off a debt if they can see that pusuing it is pointless, communicate with them.

    You need to get yourself some legal advice. Some legal firms will provide you with this sort of advice for free if you ask first and tell them you have no money, else go to a community law office.

    Best of luck, sorry you are in this position.
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  10. #25
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    Quote Originally Posted by oneofsix View Post
    I'll be happy (well I wont be there) if they just throw me on the bonfire like a Guy and have a F'ing good party.
    Weird - tried to add rep - yeah need a good wake got some pop saying thanks for deducting rep - never seen that before ?

  11. #26
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    Quote Originally Posted by Jantar View Post
    Those bills are paid out of the estate after taxes, fines etc. If there is insufficient left to cover them then the family are not responsible.
    Thats what I said:

    #20 The relatives are not liable for the bills of the dearly departed.

    1st in line is the funeral director
    2nd is the IRD (fines,unpaid tax,etc)
    3rd is the deceased liabilities (bills)
    4th is the dispersement of the deceased estate to those mentioned in the will, assuming there is a will.
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  12. #27
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    ive seen this happen before relatives being chased for debts of the deceased.

    gather up all the bills, if a person is hammering on the door demanding get them
    to put it all in writing or at least present a leagal copy of the original loan or purchase document
    ( if they can't tell them to fark off )

    do not shell out on shenkal or promise to cover bills

    see a lawyer with all the paperwork..

  13. #28
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    Quote Originally Posted by oneofsix View Post
    This CAB info may help
    http://www.cab.org.nz/vat/fp/d/Pages...ofdeath.aspx#8

    Warning: This may sound crass
    Do you have to have a funeral? What about donating the remains to science? Saw a programme on Otago Uni trainee Doctors using donated bodies for training, didn't know this happened until I stumbled on the doco. Hadn't previously considered how the Doc got their training.
    My ex did medicine at Otago. apparently they already have an overflow. they have far more bodies than they need being currently donated

  14. #29
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    Quote Originally Posted by jafar View Post
    All this is sorted out through probate. 1st in line is the funeral director, 2nd is the IRD, 3rd is outstanding accounts & that kind of thing.4th is the dispersal of the remaining funds (if any) to whoever is in the will.
    Probate often takes around 6 months, longer if there wasn't a will. Longer still if there is someone contesting the will.

    The relatives are not liable for the bills of the dearly departed.
    Quote Originally Posted by Motig View Post
    Anybody able to point me to what happens if a person dies without adequate cash to pay outstanding debts? Whose responsible for the bills?. I'm presuming if theres no money to pay the bills that its sort of like being bankrupt.
    Jafar is correct except that probate would not even be considered. A bankrupt dead person is just the same as a bankrupt live one. If there is no money or assets, creditors do not get paid.

    I've administered one or two bankrupt estates over the years, pro bono and usually to help the family out.

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