02x22 - Funeral Feud

[bunniefuu]

You moved into your mother's house.

-Correct.
-This guy is the biggest bum.

You were totally disinterested in her.

Well, that's not true, Your Honor.

If you didn't see your mother in a decade,
if she didn't see me...

It's a grandchild...

She'd better keep her fingers crossed
that I don't change my will.

[narrator]
This is Judy Justice.

[theme music playing]

[narrator] Sean Ruben
is suing his brother, Randall Ruben,

for unpaid expenses
from their mother's funeral.

[bailiff]
Court come to order. All rise.

Have a seat, everyone.

-Good morning, Judge.
-How are you, Kevin?

Case number 2011, Ruben versus Ruben.

-Thank you.
-You're welcome.

[Judy]
Mr. Ruben, this is your brother?

Yes, it is, Your Honor.

And this case involves sharing expenses

-for your mother's funeral.
-Correct.

[Judy]
And it is your claim that your brother,

who I believe was living with your mother
at the time she died?

-Right.
-Agreed to pay

half of the funeral expenses
when he received proceeds

from a small life insurance policy
that your mother had left.

Yes, Judge. Our mother only left us
a $5,000 life insurance policy.

-That's what the case is about.
-[Sean] Right.

[Judy] Your brother's position
is it's not his responsibility,

he made no such promise.

Of course, you do understand
that without that promise

to pay for your mother's funeral expenses,

children aren't normally responsible
for the expenses of their parent.

-You understand that.
-Yes, Judge.

Mr. Ruben, when did your mother pass away?

She passed away August 20th of 2021.

How old was she?

She was 86.

And how long had you been
living with your mother?

Uh, Your Honor,
I took care of my mother since 1991.

Well, if you were taking care of her
for almost 30 years, sir,

what kind of physical malady did she have
when she was in her 50s?

She suffered from chronic kidney failure.

[Judy]
When did that medical condition develop?

Pretty close to '91.

What is "pretty close to '91"?

Beginning in the '90s, '91, '92, etcetera.

So, when you moved in with her,
was your mother sick or was she not sick?

[Randall]
She was sick.

Did you live with your mother because
it was not only good for your mother,

but because it was good for you?

-That's what I'm trying to get to.
-Correct, yes.

-The answer is yes.
-Yes, ma'am.

And you moved into your mother's house.

-Correct.
-That she owned or rented?

She was purchasing it through a mortgage.

-She owned her home.
-[Randall] Yes, ma'am.

[Judy]
Was she working in the '90s?

She was.

Therefore, she wasn't incapacitated to
the extent that she needed full-time care.

At the beginning, no, ma'am.

When you moved in with her,
she was employed on a full-time basis,

-Correct.
-sufficient enough to get a mortgage

-from a bank based upon her income.
-Correct.

And what were you doing in 1991?

-I worked.
-[Judy] For whom?

...and Associates.

For how long?

Off and on from '91
until about two years ago.

What does "off and on" mean?

I had several jobs in between.
I sold cars for various car dealerships.

And I also owned several businesses.

When you lived with your mother,
who paid the mortgage?

My mother did.

Did you pay your mother
for any expenses?

Rent, gas, electric, phone? Anything?

Or did you live there
and you had an agreement?

You lived there,
she wanted your company,

whatever it was. She lived alone?

At the time, yes.

In 1991, she was living alone.
-[Randall] Correct.

[Judy] And I assume, therefore,
happy to have your company.

-Correct. Mm-hmm.
-[Judy] I assume. Okay.

So, you made no payments to your mother.

With the occasional help
with some utilities or food, yes.

Okay. So, you were able, I assume,
to save a substantial amount of money.

-Correct.
-Just for my own information,

so that I can, sort of,
put this thing together,

-Sure.
-you have stocks, bonds, savings?

-No, ma'am.
-[Judy] What do you have?

You were able to save a lot of money.
How did you invest it?

I invested in several businesses,

which one is my liquidation company.

What happened with your mother's house?

When she passed,
I was still residing at the house.

I paid the mortgage by myself
for the months of September 2021

as well as October 2021.

And I remained there
until I want to say February 2022.

My sister is the executor of the estate,

and she, uh, sold it
just recently for 465,000.

Okay. So, what I'm gathering from you,
you paid the mortgage,

you say, in September and October,
then you stopped paying the mortgage

November, December, January and February.

That is correct, ma'am.

-[Judy] But you lived in the house.
-I did.

-Rent-free, because you paid nothing.
-Correct.

Where are you living now?

I live in Nogales, Mexico.

And you live in a house, you live in a...

[Randall]
In an apartment, ma'am.

-[Judy] You pay rent?
-I do.

-Anybody live with you?
-[Randall] No, ma'am.

-[Judy] What's your rent?
-Two hundred fifty dollars.

Okay, and what was the mortgage payment
on your mother's house?

I paid $1,750 even.

-Are you the sister?
-Yes, Your Honor.

Could you stand up for a sec?
I'm just getting some information.

-Tell me your name.
-Shannon Hayes.

Miss Hayes, the house was sold recently
for 465.

And what was left on the mortgage?

Two hundred and fifty-eight
thousand dollars

plus a thirty-five thousand dollar
third mortgage.

[Sean] Your Honor,
since our brother was not paying...

Shh-shh-shh-shh.

Since he wasn't paying,
the house actually went into foreclosure.

-And so we had to get...
-Just a sec... I didn't ask you anything.

Okay, I'll just...

Sarah Rose, 465 less 258.

Two hundred and seven thousand,
Your Honor.

Less 35.

[Sarah]
One seventy-two.

Okay. And there are three siblings?

And also, Your Honor, there was a $10,000
lien on the property that had to be paid.

-[Judy] So, we're down to 162.
-Mm-hmm, correct.

So, it's 162 clear.
So, a little over $50,000 a person.

She owed the IRS, Your Honor, for back
payments in excess of $54,000.

She hadn't paid taxes in years.

Did you pay the IRS?

I just did.

And how much did you pay the IRS?

Fifty-four thousand,
one hundred eighty-eight dollars.

Sarah, from 162 take out 54,000.

A hundred and eight thousand dollars.

Anything else?

Yes, Your Honor, she had Arizona
state taxes, $3,000 I paid, as well.

One-o-five. Is that one-o-five net?

So, we also have the medical bills
that I had to take care of.

She had no insurance and...
She had to have Medicare.

She did, Your Honor.
That's her co-payment.

Okay, and what was her co-payment?

Three thousand dollars in medical.

Let's do a simple $100,000.

-Mm-hmm.
-How much were the funeral expenses?

Two thousand, four hundred thirty-four
dollars and seventy-three cents.

-Was the total funeral expense?
-Yes.

Well, that's what you're claiming
he owes you.

That's his share of the...

I wanna know what the entire funeral cost,
sir. You'll show me the invoice.

Sure. And I do have all the invoices
for you.

The first one, Your Honor,
is just for the cremation...

-[Judy] One-o-five-eight.
-Correct.

Okay, one-o-five-eight.

The next one should be from the cemetery.

[Judy]
This is the total funeral home charges,

and this is cremated remains internment
of $2,200.

Correct. The next invoice you should have,
Your Honor,

is from services provided by a rabbi.

[Judy]
Okay, that was $600.

Your Honor, it was actually 700.
I paid the rabbi 100 as an honorarium.

No, that's $600. Whatever you want
to pay him as an honorarium, that's fine.

So, the total expenses are $3,858.

You should have another invoice for
a proposal for a headstone, as well.

[Judy]
Seventeen seventeen.

[Sean, Shannon]
Yes, Your Honor.

Thirty-eight fifty-eight plus one thousand
seven hundred seventeen dollars.

Five thousand, five hundred
and seventy-five dollars.

That's it. Okay. I assume your mother died
without a will.

-[Shannon] Correct, Your Honor.
-Okay.

[Judy]
And you are the only surviving siblings?

Yes, Your Honor.

The estate will be divided
into three parts.

Correct.

So, each one of you will get
about $33,000

from the estate, after all of the expenses
have been paid.

There's also the real estate
commission fees

that we didn't mention
to subtract from the net income.

And what were the real estate
commission fees?

Thirty thousand dollars.

-Oh, yeah, that's a substantial amount.
-Yes, Your Honor.

So, 108 less 30.

$78,000. So, now you're down
to $25,000 each.

That's correct, Your Honor.

What I'm trying to figure out is,
even giving you

all those expenses that you've paid,
your mother's estate

absent this $5,000 life insurance policy
that there was, correct,

and you got a share of
that life insurance policy.

How much... Don't... Yes.
The answer is "yes."

-Yes, ma'am.
-[Judy] How much did you receive?

Two thousand, five hundred even.

-Okay, 2500.
-[Randall] Yes, ma'am.

And did you get a share
of that life insurance policy?

-No, Your Honor.
-Did you?

Yes, Your Honor, I also received $2500.

Great, and the estate had net...

Net, net, after everything,
at least $75,000.

Divided by three,
which is $25,000 a piece

after you pay all expenses,
which in this case,

would've been funeral expenses.

Do you understand
where I'm coming from, sir?

-I do.
-I have children and grandchildren.

Ten years is a long time.
That's a grandchild.

If she didn't see me
at least once a month,

she'd better keep her fingers crossed
that I don't change my will.

[audience laughs]

[theme music playing]

[narrator] Sean Ruben
is suing his brother, Randall Ruben,

for unpaid funeral expenses.

Randall is countersuing,
claiming Sean defamed him.

So now, if what you're asking me,
Mr. Ruben,

is to find that you had
an agreement with your brother

to pay one-third of the funeral expenses,
because the two of you

each paid one-third
of the funeral expenses.

Is that what you did?

-Well, Your Honor...
-Just... That's either a "yes" or a "no."

It is a no. I'm the only one that
had the money to process our mother.

He would not even sign to get her
processed to continue the cremation.

I have evidence here
I'd like to submit to you

where he agreed to pay me
half of it out of his life insurance.

-Okay, that's all... Just a second.
-I have texts from him...

I'm gonna take a look at it.
You have to understand, Mr. Ruben,

-[Sean] Yes.
-that at this point,

if I find that he agreed to pay for half,

then you understand that you
agreed to pay for half of her funeral.

Ordinarily, the funeral expenses,

you may front the money
for those funeral expenses,

but if the deceased had sufficient money
in their estate

to cover their last expenses,
and those would be

medical expenses, which you paid
out of the estate.

-Correct?
-Yes, Your Honor.

Taxes which you paid out of the estate.

Yes, Your Honor.

You paid out of the estate,
after you sold the house, broker's fees.

-Mm-hmm.
-State tax fees.

Along with those kinds of fees
would be funeral expenses.

Now, if the two of you agreed,
or the two brothers agreed,

which is what you're saying,
that he agreed to pay half.

Not a third, but he agreed
to pay half of the funeral expenses

for which you are not being reimbursed
by the estate.

Do you understand?

Correct. I have not received anything
from the estate, Your Honor.

[Judy] Okay.

Well, this would be you:
"I'll let you know tomorrow.

I think it's $2200 for Menorah Gardens
and cremation was 1053,

so it's $1,626 each."

-That would be you, right?
-Yes.

Okay, 1626 because you asked him
how much you owed.

-Right?
-I did.

So, I assume since you asked him
how much you owed,

you had some sort of an arrangement
with him to pay a third...

'Cause it does say a third
of the funeral expenses.

That is correct.

Okay, great.

I do want to interject, Your Honor,
and let you know

that when I did receive my monies,
the $2500 from her life insurance,

we had communicated with one another
that I had some emergency dental work

that needed to be done.
It was life-threatening.

And therefore, he said...
I don't have the email

because I had to block him,
I have a restraining order against him.

So I lost all my emails between us.

-All right, listen. I...
-However...

Nobody ever has their emails here,
or a video.

A very substantial amount of those monies
went for my dental.

I don't care! How old are you?

Fifty-nine, ma'am.

You have lived rent-free for 30 years.

And according to you, you had businesses,
you worked most of that time,

either selling cars or on and off
for a company for 30 years.

You made an agreement with your brother

to pay one third
of your mother's funeral expenses.

And as far as I'm concerned,
if you had dental problems,

pay for it from the resources
of one of your businesses.

Because you had no expenses.
I have very little sympathy for you.

You lived in the house for months
without paying the mortgage.

That's outrageous.
That's taking money away from them.

-Do you understand that?
-Yes, ma'am.

I say you lived in the house
for three months, rent-free, at least.

Three months rent-free. So, if you paid
mortgage payments for two months,

I would say to you,
sounds pretty reasonable to me.

Do you know there's
a story that's created.

-Correct.
-And what's created here is,

there's unequivocal information
in these text messages

that you and your brother and sister...
Because you, sir,

are claiming that he owes half.
He doesn't owe half.

That was never the agreement,
according to what you gave me.

According to what you gave me,
and in your own hand,

you say, "This is what you owe me,"
$1600, not $2600.

Well, Your Honor, if I can explain.
The reason why I said half

is only me and my brother were
included in the life insurance policy.

-[Judy] I don't...
-My sister was not named on it

and it was only for $5,000, so...

Sir, listen carefully to me.
Listen carefully...

So, I mean, if we had put our money
together, we could've paid for it.

Listen carefully to me:
That has nothing to do with you.

Exactly. The same with his dental
has nothing to do with me.

The proceeds of your mother's final
resting should've come out of the estate.

That way, it would've been borne equally
between the three people

who will profit from the estate.
You understand?

-I understand, Your Honor, but...
-[Judy] Very good.

So, if you understand that,
the math is simple.

If he pays a third,
you get your sister to kick in

whatever she's getting back from
the $25,000 and everybody is equal.

Well, Your Honor, I-I mean,
you're already getting the vibe

that this guy is the biggest bum.

-He lived with his mother...
-[Judy] Just a second.

-Sponged off his mother...
-[Judy] Just a second. Just...

Let me explain something to you.
That is unnecessary here.

Unnecessary and really quite stupid.
Stupid.

You handed me evidence, sir,
that you made an agreement with him.

He asked you what he owed.

-You told him $1600.
-Yes. Right.

That's what you told him
that he owes you, $1600.

-[Sean] That's correct.
-And each of you

are getting a certain amount of money
for nothing,

from your mother.
I'm gonna ask you some questions.

Prior to her death, when was
the last time you saw her?

When was the last time
you saw your mother? Month and year.

I honestly do not recall, Your Honor,
because her home...

Okay, just a second.
Was it in the decade that she died?

Yes.

Okay, well, she died in 2021.
So, when did you see her?

Probably several years before that.
Your Honor, I have...

Well, so you didn't see her
in the decade bef...

Your Honor, you have to understand,
her house was infested with bed bugs...

Pay careful attention to me.
I asked you some questions.

-Yes.
-My question was,

when was the last time
you saw your mother?

So, you hadn't seen your mother
in a decade.

When was the last time
you saw your mother?

I saw my mother frequently, Your Honor.
It was in May, Mother's Day.

-Okay. Mother's Day of...
-[Shannon] 2021.

-And Your Honor, I did...
-Shh! I'm not speaking to you.

March of 2021. Prior to that,
when did you see your mother?

November 2021.

Wait a minute. How could you see her
in November 2021

if she passed in August of 2021?

November 2020.

Okay. May 2021, November of 2020.
Prior to that,

when did you see your mother?

I saw her frequently because she...

No, not frequently! Month and year.

I don't have the...

Did you see her every month?

No, Your Honor.

Did you see her every two months?

About that. Yes, Your Honor.

Okay, well, between May and November,
that's more than two months.

-Mm-hmm.
-That's when you can remember.

Yes, Your Honor.

So, it would be fair to say that
whether he took great care of her

and whether the house was clean or dirty
or anything else,

your 86-year-old mother
lived with your brother,

whether you like him or not,

and you were totally disinterested in her.

You're the one who started this, sir.
I was about ready to finish this case.

But when you say he's a bum,
I say, you know what,

this guy's gotta be put in his place.

He may have been, but he was the bum
who took care of your mother.

You started it.

[theme music playing]

[narrator] Sean Ruben
is accusing his brother, Randall Ruben,

of not paying his share
of funeral expenses.

Randall claims Sean
spread multiple lies about him.

So, it would be fair to say that
whether he took great care of her

and whether the house was clean
or dirty or anything else,

your 86-year-old mother
lived with your brother,

whether you like him or not,

and you were totally disinterested her.

Well, that's not true, Your Honor...

Well, I wanna know when...
If you didn't see your mother in a decade,

in a decade, and she had failing health,
I would say,

as a child, you were
totally disinterested in her.

I did visit my mother
after she had kidney replacement,

or kidney surgery.
I visited her after her surgery.

We both did.

Just a second. Do you understand
where I'm coming from, sir?

-I do.
-I have children and grandchildren.

-Right?
-Sure.

Ten years is a long time.
That's a grandchild.

If she didn't see me
at least once a month,

she'd better keep her fingers crossed
that I don't change my will.

Well, Your Honor, I'm sure that
Sarah is very close to you,

where we live out of state.
-Just a second.

-We both have actual, real jobs.
-[Judy] Just a second.

If her father didn't visit me
at least once a month,

and we live in different states,

he too would check the will.

[all laugh]

So, what I'm telling you is,
if you don't see your mother

for ten years, you are
a disinterested child.

You're the one who started this, sir,
I was about ready to finish this case.

But when you say he's a bum,
I say, you know what,

this guy's gotta be put in his place.

He may have been, but he was the bum
who took care of your mother.

No, absolutely not.

Oh, really?! Did your mother have
full-time nursing care

-for the last ten years?
-No.

The answer is either yes or no!

-It's an absolute no.
-She declined.

That's not what I asked you.

Not what she declined.
Did she have full-time nursing care?

That's a yes or a no.

-No, Your Honor.
-No.

Okay, so if she didn't have
full-time nursing care,

and she was in poor health.

Because, based upon
your blurted out answer to me,

you thought she should have
full-time care.

-[Shannon] Yes, Your Honor.
-Right.

But she didn't. So, he took care of her.

You don't like the way he
took care of her, that's your prerogative,

but you let him take care of her.

And you went about your business
in your own states where you live

and he took care of her.

And you didn't like him and
he may have been a sponge and a bum.

You started it. But you were
not interested enough in your mother

to move next door to her

or to have her move next door to you
when she got sick.

-Your Honor...
-[Judy] Somebody else...

I actually did ask her to move in with me
and she declined.

Right! She didn't want to live with you.

There had to be a reason for that
if she was being abused.

Your Honor, there is.

Do I look like I need help from you?

No, of course not.

-[Judy] Then I want you to be quiet.
-Yes, ma'am.

You owe him $1600, that's it.
Not 2600, what he's asking you.

-[Randall] I have a counterclaim.
-Put it down.

I have a counterclaim.

$1600 and I'll hear your counterclaim.

-Thank you, Your Honor.
-Which sounds a little ridiculous to me.

I'm finished with you.
$1600, that's what you owe.

Except for the counterclaim,
which I'll hear.

The counterclaim is that
they posted something on the Internet

that says there were bugs
in the shoes you were selling.

If that's... Just a second. Quiet.

Your counterclaim says that he
defamed you and your business

because he wrote on the Internet

that there were bugs in the shoes
you were selling. I couldn't make that up.

Let me see, maybe I did make it up.

You're correct.
That's exactly what he wrote.

Yeah. "He posted that there were
bugs in the shoes I was selling."

He also put that
I impregnate Hispanic women.

Just a second. First of all,
that's not in here.

It's right here, ma'am.

[Judy]
It's not in my answer.

So, I wanna see where he wrote...
And who knows what you're doing in Mexico?

I have no idea
what you're doing in Mexico.

Show me what he wrote about
the bugs in the shoes that you're selling.

Giving me a whole lot of nonsense there
that I'm not gonna read.

It's not. These are...
These are the posts that he put online.

-I only want to h...
-There are also...

These are also letters from my mother
in her own...

I'm not reading the letters
from your mother.

-Okay.
-I'm reading a post,

or more, where he says there are
bugs in the shoes you are selling.

-Yes.
-Period!

You wanna hear the audio
that he sent to one of my employers?

No! I want to see where he wrote

there are bugs in the shoes
you are selling,

which is what's in my answer.

-[Randall] Right here, ma'am.
-May I have it, please?

And I do have a restraining order on him,
as well.

I'm not interested
in your restraining order.

[Randall] Okay.

Okay. So, this has nothing to do
with anything.

I'm gonna give this back to you,

and if you don't hand me
exactly what I asked for, I'm dismissing...

-It's in...
-[Judy] I'm not reading all that drivel!

I asked you for one post.

Your Honor, if you'd like to...

[Judy]
I don't want to hear you!

This is what I wrote,
if you want to see it.

I don't want...
This is not your case to prove, sir.

Okay. I'm just trying to be honest.

Here you go, Your Honor.

-This is one that he...
-Thank you.

-Wrote to my employer...
-Don't tell me one.

Just give me the posts about shoes.

This has nothing to do with shoes.

This one is in Spanish.

If you show me one more thing
that doesn't say "bugs in shoes,"

I'm just dismissing your case.
Do you understand?

Yes, ma'am. Please look at this one,
it is in Spanish...

Well, no, that's your problem.
Your counterclaim's dismissed.

Judgment for the plaintiff
in the amount of $1600.

We're finished here.
Thank you very much.

-Thank you, Your Honor.
-Thank you, Your Honor.

[bailiff]
This court is adjourned.

I'm very pleased
with the judge's decision.

I think she made the right decision.

I wasn't really thrilled.

I'm just kinda glad it's over.
I never want to see my brother again.

We're a very estranged bunch of people.
We do not like each other.

She didn't raise him right.

She raised us right and we're gonna do
the right thing on behalf of our mom.

First and foremost, I will visit you
every month, every week, every day,

if that's what it takes.
But in all seriousness,

this case shows how foolish it is
not to memorialize your wishes

for the end, because it creates
a heightened sense of stress

at a time when emotions
are already running high.

And first rule of Will, Trusts
and Estates class is always have a will,

so it doesn't matter how much you have,
how little you have,

it's important, your wishes,
and to prevent situations like this,

your loved ones having to go through.

Yeah, and be angry with each other.

I mean, they don't love each other,
anyway,

but to be angry with each other,
if you can avoid that.

Even young people, Sarah,
who have put anything together.

-You have a will?
-Yeah. I do.

There you go.

I wouldn't want my loved ones
going through that, so,

yeah, you have to take the time
and write it down.

And yeah, that's really all you can do
to avoid the situation.

-You're right.
-Yeah.

[theme music playing]

[narrator]
Are you having a family dispute?



[theme music playing]