Who has the right to cremated remains?

The next-of-kin (or the person designated as executor) has responsibility for the ashes. Practically speaking, usually it’s the person who arranges and pays for the funeral and/or cremation who picks up the ashes after the cremation is complete.

Can you be cremated against your wishes?

In a few states, your wishes may be over-turned in the case of cremation, however. Even if there is no personal preference law in your state (blank entry below), it is better to have your wishes in writing than not at all. Courts routinely support all but the most outrageous wishes.

Is it important to obey a dying father’s wishes?

Consider that fulfilling your loved one’s wishes is a symbolic way for you to pay your respects and that we often learn things about people after they’ve passed. If death was sudden, it may be that you didn’t have the chance to talk through everything to understand their wishes.

Who do someone’s ashes belong to?

The custodian of the body and ashes is the executor of the Will, or if there is no executor then residuary beneficiaries.

What are the rights of next of kin?

Does a next of kin have legal rights and responsibilities? No. The term next of kin is in common use but a next of kin has no legal powers, rights or responsibilities. In particular, they cannot give consent for providing or withholding any treatment or care.

Are funeral wishes in a will legally binding?

Are funeral wishes in a will legally binding? In short, no. Under current law, funeral wishes in a will are not legally binding. The executors appointed in a will have ownership of the body and are technically considered the decision-makers with regards to funeral arrangements.

Who makes decisions when death?

Next of Kin
What does ‘Next of Kin’ mean? The next of kin is a person who can make legal decisions (like choosing between burial and cremation) after someone passes away. In the US, a surviving spouse would be the first in line, followed by any children.

How do I tell my family I want to be cremated?

Step 1: Let your family and closest friends know that cremation is what you want. Discuss with them why you have chosen cremation over other options. Make sure the designated person (s) who will make your arrangements are in agreement with your decision.

Do you have to put cremation in a will?

Some states recognize your authorization for cremation in a will or living trust. However, these documents are not accessible until after your death and, in many states, upon your death. Your closest relative, next of kin, or power of attorney for health care will be the one to make the final disposition decisions.

What do you say to a parent who passed away?

Take the opportunity to tell them what you need them to know. Say “I love you” or “I’m sorry” or “I forgive you” while you have the chance. Honor your parent while they’re still alive. Don’t wait until the funeral to share funny stories or talk about how much they meant to you. Include your parent in your reminiscing.

Are your funeral wishes making things more difficult?

In fact, some funeral wishes—especially those that cost a lot of money or go against tradition—can make things more difficult. This is especially true if there was any dissention in the family prior to death occurring. This poses a complex question for the individual in charge of funeral plans.