Who Has Legal Rights to Cremation

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Although disagreements over who is entitled to the remains are very common, family members should think about the deceased and avoid such disputes. After all, the body or cremation remains of the dead are not anyone`s property. Read our article on 3 important things to keep in mind when cremating in 2022 to look at how the rising cremation rate may affect cremation costs. 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. Cremation is the process of adding intense heat to reduce the body to cremated remains or ashes. The process reduces the human body to its basic elements and the process can take from 1 to 4 hours depending on the cremation machine. The remains cremated after cremation are actually bone fragments, which are then mechanically ground into powder. Usually, there are about 3 to 9 pounds of cremated remains for the average human body. There are so many options today on what you can do once you`ve cremated your loved ones.

There are quite a few funeral urns, souvenir urns and all kinds of strange and wonderful cremation containers. You have the option to scatter the ashes, all the ashes, or scatter something and keep something. You can have a diamond made from cremated remains or other unique blown glass jewelry. In fact, there are so many options and we have tried to list the categories exhaustively on our Ash scattering page. This is a very common question and a problem! Faced with this situation, it is important to know what rights you may have. This often happens in situations where one parent has died and a parent or new spouse refuses to return the body or part of it to the children of the deceased. Florida law requires you to report their deaths to the state or local Department of Life within five days of your loved one`s death before an injunction is enforced. Once you have registered a death, the death certificate can be issued. Typically, your funeral director will prepare and submit the death certificate. A death certificate is required to complete the cremation process.

While many choose to scatter ashes wherever they want, you should still be aware of California`s cremation laws to avoid fines. Some crematoria allow you to see the beginning of the cremation process. Some crematoria allow you to initiate the process by pressing the button, as is required by some religions. If this is important to you, you should check it before choosing a cremation provider. Most crematoria open their doors to the public, but many families prefer not to see any aspect of the process. After a person dies, it can be difficult to decide who will handle their ashes. In most cases, the person will leave the last will to dictate how they want to distribute their ashes. However, some situations leave family members in a dilemma, wondering who is entitled to ashes after cremation. Yes, the deceased can be transported across national borders to be cremated. If the deceased is to be transported over any distance and a period of more than 24 hours may elapse, embalming may be necessary. Airline funeral directors must comply with certain regulations, which may include the use of a designated air cargo morgue.

Visit our funeral shipping section for more information. Overall, most families opt for an attractive funeral urn. Here are some of the best. Once the death certificate and permit form have been submitted, the county where the cremation is to take place issues a permit that allows the crematorium or funeral home to cremate the deceased. This permit is called a “cremation permit” or “disposition permit”. 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) But while cremation is not strictly regulated in some areas, there are existing laws that must be followed in order to legally proceed with the cremation process. Each state, and even county, has its own variations of federal regulations governing the cremation process. There is usually a waiting period of at least 24 hours after death before the deceased can be cremated, but in some states, cremation law states that 48 hours must elapse between death and cremation. The coroner or health department may override it if there is a public health concern and the body needs to be disposed of immediately. If the deceased has indicated a specific place for burial, this place must be taken into account. However, in the absence of such a circumstance, the surviving spouse has the right to choose a burial place. In the event of a dispute between the surviving spouse and the next of kin, the spouse`s preference takes precedence over the place and time of burial and the nature of the disposition. If there is no legal separation, a woman separated from her husband has certain rights regarding her husband`s burial.

However, if she fails to exercise these rights, her husband`s estate must bear the reasonable costs of her funeral and burial. In re Estate of Barner, 50 Misc. 2d 517 (N.Y. Sur. Ct. 1966) The rights and duties applicable to human remains are an issue of vital importance to a family facing a death, but one that is rarely discussed or examined. This article sets out responsibilities and rights with respect to human remains. Emotions can become strong at the time of the death of a loved one, and as one client commented, you have to make tough decisions that often involve tens of thousands of dollars at a time when you can barely think. The same client had somehow accepted a funeral with a casket that cost thirty thousand dollars.

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