Objection Handling for Cancelling a Policy

[funeraldirector]

I would have told him to stuff it. The state of California has no power over the resident of another state who has not submitted himself to the laws of California. Now, if this great niece had received property from the estate of the deceased, they would have recourse to collect against the assets.

My guess, that is what happened. Great niece collected, state asked for their expenses out of the estate.

Sorry, you're mistaken. The right of disposition, i.e. the right to control the final arrangements and the burden of payment is absolute. It has nothing to do with the estate. Bloodlines are thicker than state lines. In my example, the great niece owed the Calif county for performing the cremation. She had the burden of payment since she had the right of disposition. I offer this knowledge because it's been useful once in a while in closing a deal. I offer it in that helpful spirit...

 

[VolAgent]

Sorry, you're mistaken. The right of disposition, i.e. the right to control the final arrangements and the burden of payment is absolute. It has nothing to do with the estate. Bloodlines are thicker than state lines. In my example, the great niece owed the Calif county for performing the cremation. She had the burden of payment since she had the right of disposition. I offer this knowledge because it's been useful once in a while in closing a deal. I offer it in that helpful spirit...

Prove it. The niece was not in California, therefore California would have no jurisdiction over her without her taking action to make herself subject to California law. Otherwise Nevada could levy income tax on you, just because a relative lives in Nevada.

 

[jdeasy]

Sorry, you're mistaken. The right of disposition, i.e. the right to control the final arrangements and the burden of payment is absolute. It has nothing to do with the estate. Bloodlines are thicker than state lines. In my example, the great niece owed the Calif county for performing the cremation. She had the burden of payment since she had the right of disposition. I offer this knowledge because it's been useful once in a while in closing a deal. I offer it in that helpful spirit...

No, what you are doing is just making up scare tactics. Probaly have to because you push over priced crap but that doesn't excuse what you are doing.

 

[Newby]

Wow, it's getting deep in here.

When you die, NO ONE is responsible for ANY of your debts. Period. That includes burial or cremation expenses.

Your debts will be paid out of your estate IF there are any assets in your estate. No child, sibling, niece or anyone else can be forced into paying for your burial or cremation.

What you own, goes to what you owe. That's what probate is for.

 

[LGilmore]

I don't think insurance agents have any magical powers over family members either when one decides to flake out over a policy. The only way I could see responsibility for a relative's death is if you handle the arangements, where you're signing off on a funeral.

Now as far as the deceased assets go, yes the state has the power to demand payment or repossession of those assets. Been that way for Medicaid for some time.

It's an unfortunate situation the poster is in. Give them your reasons, but don't expect them to see it your way. Just decide how much you want to deal with their death when it comes.

 

[WinoBlues]

Responsibility sometimes is more than legal.

I don't think insurance agents have any magical powers over family members either when one decides to flake out over a policy. The only way I could see responsibility for a relative's death is if you handle the arangements, where you're signing off on a funeral.

Now as far as the deceased assets go, yes the state has the power to demand payment or repossession of those assets. Been that way for Medicaid for some time.

It's an unfortunate situation the poster is in. Give them your reasons, but don't expect them to see it your way. Just decide how much you want to deal with their death when it comes.

 

[VolAgent]

Wow, it's getting deep in here.

When you die, NO ONE is responsible for ANY of your debts. Period. That includes burial or cremation expenses.

Your debts will be paid out of your estate IF there are any assets in your estate. No child, sibling, niece or anyone else can be forced into paying for your burial or cremation.

What you own, goes to what you owe. That's what probate is for.

Actually, California thinks otherwise.

CA Codes (hsc:7100-7117)

They have the power to go after family. However, despite what FD thinks, that power stops at the state line. In fact, it is clear about in the law. They only have the power to go after relatives living within California.

 

[GAInsuranceGal]

You could gently remind them that it never gets any cheaper or something, but if you hesitate about this, you've broken a cardinal rule of insurance sales: Don't screw with family or friends. You can't afford to lose them.

I sell family and friends all of the time, because I've never asked for their business. I am Ned Ryerson otherwise, but not with the two Fs.

Ditto. This relative came to me when another relative that dealt with the death of their sister, told him to get some life insurance.

If you are going to be paying for the funeral if there is no insurance you have a choice.

Pay the premium or pay for the funeral. Your choice.

I would like to do this, but this relative is on my husband side of the family and my husband does not want to keep paying every month. (My husband does not like to plan ahead, which conflicts with me because I like to plan and have things ready before an event.) I asked my husband if this relative died tomorrow, how will we pay for the funeral. My husband could not answer. I told him that he has an option: pay the premium or pay for the funeral. That's the choice.

We are presumably talking about a senior here, not a 16 year old. If they haven't learned to be responsible and care about others by this point, it is too late.

This is how my husband sees it, so he does not trust this will be re-paid.
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I just spoke with client/relative and asked them if this is still important to them? If so, we can lower the monthly payment (premium) to fit his budget better. He said he will have to think about it. I told him that I will call him tomorrow. Personally I think he just does not want to pay for it anymore.

 

[GreenSky]

Cremation is under $1,000. Problem solved.

You're welcome.

Rick

 

[Kenek]

I'm no legal expert on what states can do vis-a-vis collecting debt, but seeing how boned states like California are re: their finances, it wouldn't surprise me at all if they attempted extralegal measures to collect funds any way possible.

Not the same thing, but I seem to recall the state of New York going after people who moved out of the state and attempted to collect income taxes even though the ex-New Yorkers no longer had residence there.