Funeral Homes: A End and a Beginning

A Look At Legalities Associated With Cremation

Just as it is in life, there are legalities that can come up after you pass away. With cremation, there are certain legal topics that tend to come up more often than most. Whether you intend to be cremated yourself or you are in the process of making your own cremation plans, it is helpful to know a bit about these topics. Here is a look at some of those topics. 

All siblings have the same rights to the cremated remains

If you are a parent and not married when you pass away, your children have the right to your cremated remains and they have a right to choose cremation if you have not made your own designations. If you have more than one child, all of your children have equal rights to your cremains. If there are disputes among your children about whether you should be cremated, the group may have to go to probate court to get a judge to help. The funeral home can make arrangements to hold your remains until an agreement is reached. If more than one child wants your remains after cremation, they can be divided into equal parts in separate containers. 

Your spouse can choose cremation if it has not been designated before death

If you are married when you pass away and you have not made arrangements for your own end-of-life plans, your spouse usually has the right to choose whether or not you will be cremated. It is important to discuss what you want with your life partner before anything happens if you do not make your own plans. If you have a will, you can actually designate someone to make decisions about your end-of-life arrangments, and this person does not have to be a relative or your spouse. 

Cremation is common if there are no living relatives

If you pass away and have no living relatives to speak on your behalf, it is common for the locality where you live to choose cremation on your behalf. Cremation is less expensive, but it is also more logical in these situations because the cremains can be held for a short time in wait for someone to claim them. Traditional burial is a more permanent solution, so if someone steps up to claim you as a relative that is from somewhere else, there is no way to move the remains without a major expense. 

To learn more, reach out to a company like Morris Nilsen Funeral Chapel.


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