Arizona also allows citizens to designate an agent to have the authority to make funeral and burial arrangements within the form for a durable healthcare power of attorney. You can find this right in statute 36-3221.
Who has the legal right to make decisions about your funeral? In more than half the states, there is a statutory obligation for survivors to honor the written wishes of the deceased, to follow your personal preference. In a few states, your wishes may be over-turned in the case of cremation, however.
You may now give another person the legal right to make your funeral arrangements. You must do so in a written document that you sign, and that is signed by at least one witness (not the person to whom you’re giving authority). Click here to download the form.
The law clearly states that no one else’s consent – not your spouse’s, not your childrens’ – is required. It seems likely lawmakers weren’t aware of this conflict, which is unfortunate, since it may prove confusing for families and for funeral directors.
Whenever you are planning to pursue compensation in the civil courts, it may help to have a lawyer on your side who has treaded similar waters before. When you are planning to sue a funeral home for negligence, it may be a good idea to use the services of a funeral home negligence lawyer.
When you choose to routinely handle the remains of somebody’s recently-deceased loved one, you are in one of the most sensitive professions that there are. Negligence in this capacity can be especially painful to the victims.
The nature of the negligence that befell your family may impact any awards granted to you by a jury or via a settlement. In funeral home abuse cases, possible awards include coverage for:
The Law Offices of Wolf & Pravato represent victims in funeral home negligence cases in South Florida. We can provide you responsive and caring representation during this difficult time.
I'm hoping you already have a personal injury lawyer pursuing a case for your husband's fatal accident. If not, you should get one quickly. Since you are the administratrix of his estate, any lawsuit to recover compensation on his behalf would be brought in your name.
Best bet is to Google "funeral home abuse lawyer" for lawyers that have handled a lot of these cases.
I'm so sorry for your loss. As the other attorneys have stated, you need to reach out to a qualified NY attorney to get some competent advice. Best of luck to you.
I agree with Attorney Rothstein. How did all of this occur without your knowledge? I also wonder whether the ashes are actually from your deceased husband. You need to consult with a NY attorney.
If your loved one was neglected or abused by a funeral home, you may be eligible to recover compensation for: 1 Emotional distress 2 Loss of life’s enjoyment 3 Funeral expenses 4 Other damages
They were responsible for treating the deceased in an honest and respectful manner, and they failed to do so. They breached their duty. The funeral home breached their legal obligation to avoid harming your loved one. Their breach directly resulted in harm.
Other damages. Damages in these cases can vary greatly. For example, if you paid for a more expensive casket, and the funeral home buried your loved one in a cheaper casket, you might be owed the difference in price between the two, plus damages for emotional distress.
Funeral Home Negligence. After the death of a loved one, one of the best ways to honor their memory is to ensure they have a respectful burial or cremation. As a result, most people turn to funeral homes, in which they place an enormous amount of trust.
If your loved one was neglected, abused, or exploited by a funeral home, and you would like to hold the funeral home accountable, you might be wondering how to go about doing so. “Negligence” is the legal term for liability or responsibility in an accident.
Thankfully, by filing a personal injury lawsuit, victims can hold funeral homes accountable for their negligence. If your loved one was neglected or abused by a funeral home, you may be able to recover significant financial compensation.
The funeral home was responsible for the abuse or mishap, making them legally liable. There were losses suffered as a result. The funeral home’s actions injured the deceased (physically) and/or you and your family (emotionally or financially).
The entity being sued must owe you a duty of care. In funeral home cases, this duty is established with a signed contract for services and/or goods (you don’t necessarily have to purchase a casket, in some instances the contract is for services only). 2.
Carey Leisure & Neal Funeral Home Negligence. It can be confusing to figure out who has the legal right to file a lawsuit against a funeral home for negligence. Some family members may have the authority, however certain provisions apply.
The state has a personal preference law in Arizona Statute Title 32-1365.01 that gives you the right to authorize your own cremation or disposition in writing. The law clearly states that no one else’s consent – not your spouse’s, not your childrens’ – is required.
Texas –There is a statutory duty to honor the wishes of the deceased. You may also name an agent to control disposition of remains. Click here to download the form to appoint an agent for the disposition of your body. Utah –A designated agent may carry out the wishes of the deceased.
A. Any person has the right to direct the manner in which his or her body shall be disposed of after death, and to direct the manner in which any part of his or her body which becomes separated therefrom during his or her lifetime shall be disposed of.
1. If the dead person was married, on the surviving spouse. Unless: (a) The dead person was legally separated from the person’s spouse. (b) A petition for divorce or for legal separation from the dead person’s spouse was filed before the person’s death and remains pending at the time of death. 2.
Arkansas — Arkansas enacted a law in 2009 that allows you to specify your funeral wishes in advance. The law also allows you to designate an agent to carry them out (or you may leave those decisions up to your designated agent). Click here to download a declaration form that complies with Arkansas law.
Vermont — Effective September 1, 2005, Vermont has added the right to specify the disposition of one’s own body, and the right to designate an agent to make decisions about bodily disposition, to the state advance medical directives law. What a sensible approach! See Title 18, Part 231 of the Vermont Statutes.
Maine –You may designate an agent for body disposition as well as your wishes. Click here for that form. You can find this right in Title 22, §2843-A, no. 2 of the Maine Statutes. Maryland – The state’s Advance Directives forms now include the option to name an agent to carry out your funeral wishes.
The death of a loved one presents many daunting challenges, including negotiating a potential minefield of legal decisions and activities. In these frightening economic times, you will be tempted to avoid lawyers and either handle the legal matters yourself or ignore them completely. Please don't, because you don't know what you don't know.
You may feel that if the estate is closed quickly, you will get over your grief quickly. This is a common perception that is usually not grounded in reality, because you will get through your grief only as you diligently do your grief work.
To find an estate law specialist in your state, contact the American College of Trust and Estate Counsel at www.actec.org or 310.398.1888. Another resource for locating estate lawyers is the comprehensive lawyer directory, Martindale-Hubble, which you can reach at www.martindale.com or 800-526-4902.
For example, if your loved one died as a result of the negligent or intentional behavior of another person, you may have only one year from the date of your loved one's death to file a lawsuit against the perpetrator.
Do not engage a lawyer who is ambiguous about fees. Insist upon a written fee agreement before the lawyer starts on your case. Resist the urge to let your lawyer-friend who knows little about estate issues handle the case because he or she wants to help and may be cheap or free. Remember, you get what you pay for!
Probate has gotten negative publicity in recent years; some of it is justified, and some of it is not. Release your expectation of quickly finishing your loved one's estate; that may or may not be possible. You may feel that if the estate is closed quickly, you will get over your grief quickly.
Your funeral instructions. In most cases, you’re the first choice when it comes to making funeral arrangements. Under most state laws, any funeral instructions you write before you die take priority. These funeral instructions are only known if you have a funeral plan in your end-of-life plan.
If you don’t set your own funeral instructions or wishes, the state moves to the next tier of authority. 2. Advance directive. In many states, you name an agent in your advance directive. An advance directive is a document outlying your medical wishes in the case that you aren’t able to speak for yourself.
This person has a lot on his or her plate. Unless you’ve specifically expressed your funeral wishes, this individual makes decisions on the following: 1 How to handle your body after death (burial or cremation) 2 Whether to hold a funeral, memorial, or celebration of life 3 Whether your funeral follows religious or cultural customs 4 Where all services take place 5 Whether to use a service like GatheringUs to have a virtual funeral if coming together in person isn't possible
Delaying a funeral after death is not uncommon for these unique situations. This gives the next of kin time to heal, so he or she has the right frame of mind to focus on funeral arrangements. The next of kin is also sometimes disputed over cultural, religious, or geographic differences.
Legal authority falls to your spouse or domestic partner if they’re living and able to perform funeral arrangements. Conflicts between family members aren’t uncommon, especially when emotions are already high. Having a spouse take over this process puts these arguments to rest while allowing someone to take charge.
Last but not least, your funeral arrangements go to your next of kin. If you don’t have any of the above, your funeral planning goes to another family member. This could be a grandparent, aunt or uncle, niece or nephew, and so on. Placing this burden on an extended family member is not usually ideal, but it might be the only option.
Next, after your spouse, this authority falls to any adult children. Minors are not authorized to make funeral decisions, so this control would go to someone else. Adult children, however, can make these decisions about the funeral.
If the assets in the estate are less than the debts and tax obligations, those debts do not become the responsibility of the loved ones left behind. Unfortunately, many people do not understand this, and they end up paying off debts for which they have no financial or legal responsibility.
The days and weeks following the death of a loved one can seem like a blur. The grieving process is difficult enough, but there will also be a funeral to plan, relatives to notify and financial issues to handle . Meeting with an estate attorney as soon as possible can ease your burden and make a difficult time easier to bear.
If you fail to open a probate estate, you could be liable for taxes and other claims. Even if you do not think a probate estate is necessary, it is important to discuss your options with an experienced estate attorney.
The best way to protect the assets is to open the estate right away.
Call Arizona Estate Attorney Dave Weed at (480)426-8359 to discuss your case today.
If you are unsure about the tax situation, you should contact the person who handled returns for the deceased. They should have copies of past tax returns, and they should be up to speed on any outstanding audits, tax debts or other issues. The days and weeks following the death of a loved one can seem like a blur.
The IRS has an interest in the estate, and you should check the tax status of your deceased loved one as soon as possible. It is easy to forget about taxes when handling an estate, but the IRS will be there to remind you. If you are unsure about the tax situation, you should contact the person who handled returns for the deceased.