The courts will not share the ashes if even one of the parties does not agree. In Fessi v. Whitmore, the judge refused to share the ashes between the parents of a lost child because the father objected. It is important to know that there are no property rights, but property rights. In some jurisdictions, while courts delineate the rights of family members to control the disposition of a deceased person`s remains, they clearly place the deceased first. In addition, the preference of the deceased can be determined by the use of testamentary and non-testamentary declarations. Sherman v. Sherman, 330 N.J. Super. 638 (Ch.Div. 1999). The extent to which the wishes of a deceased regarding the mode of burial or disposition of his or her body prevail over those of a surviving spouse depends in part on the circumstances of the deceased`s mental state.
However, when a deceased person proves to be mentally incapable, their stated desires often do not come true. Rosenblum v. New Mt. Sinai Cemetery Asso., 481 S.W.2d 593 (Mo. Ct. App. 1972). If there is no surviving spouse or if the surviving spouse has waived this right, the right to bury a body with the next of kin is in the order of their relationship with the deceased. In other words, if there is no surviving husband or wife, the right belongs to the next of kin in the order of their relationship to the deceased, usually in the following order: children of the right age, parents, siblings or more distant relatives. This priority rule must be applied with reason. It is flexible and can be modified by the circumstances of the moment. Pettigrew v.
Pettigrew, 207 Pa. 313 (Pa. 1904). The family of a deceased person has the personal right to bury the body of his or her relative. Any mutilation or disturbance of a corpse is considered an interference with this personal right and entails a punishable injustice. Anyone who carelessly withholds a corpse or prevents the cremation or opening of a corpse is responsible for emotional distress. In order to bring an action against the morgue for unlawfully inflicting emotional distress, a plaintiff must prove that a defendant intentionally caused severe emotional distress to the plaintiff. Powell v.
Grant Med. Ctr., 148 Ohio App.3d 1 (Ohio Ct. App., Franklin County 2002) The Neptune Society offers a unique and more permanent alternative to scattering ashes at sea – the Neptune Memorial Reef. The reef is located 3.25 miles off the coast of Key Biscayne, Florida, and will cover 16 acres of seabed when completed. To be recalled here, the remains of the individual are mixed with concrete, shaped into shapes such as starfish or shells, marked with identifying information and placed on the seabed. These forms create protection for marine life and give sea lovers the opportunity to continue to “give life after life”. The laws on the custody of cremated ashes are about the same as for the body. The next of kin (or the person designated as executor) are responsible for the ashes.
Texas Health and Safety Code 711.002 states that unless a deceased person left written instructions for disposing of the deceased`s remains, the following persons in the listed priority have the right to inspect the order, including cremation of the mortal remains of the deceased, and be responsible for the costs: Not everyone can apply for a certified death certificate, which can be used to legally establish the identity of the deceased. To order a certified copy of a death certificate, you must meet one of the following criteria: Many jurisdictions have issued regulations on the disposal of human bodies. While it may be perfectly legal to bury a deceased family member, the law may restrict where this activity is permitted and, in some cases, explicitly restrict burials to property controlled by certain licensed institutions. Moreover, in many places, not properly disposing of a corpse is a crime. In some places, it is also a crime not to report a death and not to report the disposition of the body. See our article on cemetery law. There are no Florida state laws that limit where you can store or scatter ashes. You are also allowed by Florida law to hold a funeral on your private property. While there is no state law limiting this, it`s a good idea to review county and city zoning ordinances. There are specific laws that dictate who can do the post-burning and have the ashes once the process is complete. These laws vary from state to state, but we`ve outlined some of the most common factors below. In a recent case in Nova Scotia, the court considered the legal status of the ashes after the deceased`s daughter appealed the executor`s decision to transfer her mother`s ashes.
The exception to this rule is that if a spouse fails or refuses to exercise his or her right within 48 hours of receiving notification of the death of the deceased, he or she has expressly waived the right to make a decision on the possession of the remains. MCL 700.3206(3)(e). The person in possession of the remains may then have the right to keep them. In most states, the right to your ashes goes to the surviving spouse or partner. If there is no spouse or partner, it goes to the surviving children. Many laws around the world establish this hierarchy of positions. However, it can be difficult to resolve the dispute between peer members of the hierarchy, such as brothers. Please note that this is not legal advice, but general information. Laws vary from region to region. Please consult a lawyer if you need more in-depth information than this superficial summary. “Ashes are not a human body.
There are laws and regulations that govern many aspects of the treatment of a deceased person`s body. Some of these rules are based on health concerns, others on concern for basic human dignity. The ashes are not the same. A person`s ashes can be distributed among family members, placed in urns, taken from place to place, kept on a coat, buried, scattered, or used to make a “diamond.” […] In particular, the daughter objected to the disclosure of the accounts on the grounds that the son had moved the mother`s ashes against the father`s will, so that when his father`s ashes were buried, she was not with the mother`s ashes. It should be noted that an unofficial autopsy cannot be performed if a surviving relative or friend of the deceased objects that such a procedure contradicts the religious beliefs of the deceased. Lieberman v. Riverside Mem. Chapel, 225 A.D.2D 283 (N.Y. App. Div. 1st Dep`t 1996).
Similarly, a claim for damages for performing an unauthorized autopsy seeks to compensate family members for the emotional and psychological suffering caused by an inappropriate autopsy.