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Often, when it comes to disagreements, that`s not the issue at stake. It`s usually something else that the other person is always angry or resentful about. The estate of the deceased (which includes the property and assets of a deceased person) is legally responsible for the payment of all funeral expenses, including funeral, cremation or other legal expenses and expenses such as food at a funeral or similar service. If there are enough funds in the deceased`s bank account, these funds can be used to pay for funeral expenses once the bank`s requirements are met. Budget – This is usually where most disagreements begin. Try to set a budget from the beginning, and this can guide the whole process. If the deceased left money behind, especially for the funeral, you can start there. It is above all the fact that it is the legal personal representative who has the last word on funeral arrangements. So what should you do when a death suddenly becomes a battlefield over what to do to the body? Find out who has the right to make decisions – If the deceased person did not leave a written instruction on what they wanted for their funeral, it is time to know exactly who has the right to make decisions on their behalf. States are very clear about who has the right to control the mortal remains of the deceased. For example, in Washington State, RCW 68.50.160 is the place to look for, but here`s the descending order in a nutshell: It`s not uncommon for disagreements to arise between family members and loved ones, including funeral arrangements, funeral disputes, or possession of ashes.

So who has the ultimate word and what can you do? Richard Adams, who has advised clients in a number of such cases, is looking at this delicate and delicate issue. By having a record of your last wishes, you can save a lot of trouble and grief for everyone. When planning a funeral, you can make more than 100 decisions for the funeral alone. You don`t want your family members arguing about trifles when they should be grieving and starting the healing process. It is important to note that if someone other than the estate pays the funeral expenses, they have the right to be reimbursed by the estate and this is the first estate liability to be paid. In addition, the PR has the duty to dispose of the body of the deceased, and therefore the PR has the last word on all funeral arrangements. This can naturally lead to disputes, as PR has the power to cancel the deceased`s close family members when it comes to funeral arrangements, which can be a particularly emotional and personal issue for those left behind. For example, if the deceased named his cousin as executor, the cousin would become the PR of the deceased`s estate and could cancel other family members, such as the deceased`s wife and children, with respect to funeral arrangements. This can get worse due to the emotional pressure and anger caused by the recent loss of a loved one, which can lead to a more hostile environment that is more likely to lead to disagreements.

Something that should be included would be: Who is responsible for the arrangements? Do you want to be buried or cremated? In what type of container you want to be placed. The location of the services. What is the budget for the funeral and where does the funding come from? What you want to do with your organs. If the personal representatives are not the spouse or close family, they would usually allow the spouse or other close family to take care of the funeral arrangements. However, in the event of a dispute between family members, the final decision rests with the personal representatives. However, it is important to note that no one owns the body of the deceased. The deceased may leave wishes about who should attend their funeral, but these wishes are not legally binding. It is at the discretion of the legal personal representative to determine whether a person is prevented from attending a funeral and how they will proceed. Currently, there is no law preventing unwanted families from attending a funeral service. In Laing v.

John Poyser Solicitors [2012], the son of the deceased disagreed with the executor`s decision to cremate his deceased mother (despite his wishes) and sought an injunction to prevent the executor from arranging the cremation. In this case, a law firm was appointed executor of the deceased`s estate. The judge refused to issue the injunction on the grounds that the executor was legally in possession of the body of the deceased and therefore had the right and duty to make arrangements to dispose of the body. This shows the difficulties that can arise when close family members disagree with the actions of a PR. If the spouse and/or immediate family cannot agree on the agreements, they may have to go to court. Courts usually choose the next of kin to handle funeral arrangements. There are already clear laws on similar issues, for example. B who is entitled to the remains after cremation, if you want to know more, see my article here. Memorial services – Some people expect the funeral home to be covered with flowers, while others want the money to be donated to a charity. Where are the cards sent? Who will carry the coffin? These are all things to remember when discussing them with your family. Home / Individuals/Families / Funeral and Funeral Disputes: Who Has the Last Word? It is not uncommon for family disagreements to be due to the death of a loved one.

We all have disagreements with our family members. These can get worse and are more difficult to deal with when it comes to a major tragedy such as death and funeral planning. Old resentment from the past should not be raised during the funeral planning process. Warming up worn-out arguments and dealing with hurt feelings takes up valuable time and makes it incredibly difficult to plan a meaningful funeral. Family members with unresolved issues should resolve their differences after the funeral and even consider participating in group therapy to move forward. There is a time and place for everything, and families should try to avoid conflict by focusing on the present and honoring their loved one accordingly. The Court has the power to replace two potential personal representatives with someone more capable and competent. However, the Court cannot prescribe how a person can be buried. Subject to the above parameters, the estate administrator may take any precautions he deems appropriate, even if they are incompatible with the religious beliefs of the deceased or the family of the deceased. Here are some very narrow exceptions that may apply to an estate administrator`s power to make decisions regarding the disposition of mortal remains: The court noted that the deceased had expressed a desire to be buried in Jamaica and that the party supporting a burial in Jamaica should have the right to make arrangements for burial. If a family argues about how to retire their loved one, the court will consider the wishes of the deceased.

It is therefore important to record them in a will or at least to inform a close member of your family. In a will, you can set out your wishes for your funeral preparations, including whether you want to be buried or cremated. Although your requests are not legally binding, they will help your loved ones make decisions and they will also be taken into account in case the court needs to be involved. Heightened emotions can lead to quarrels, confusion, and pain, especially when family members are going through their grief. This is especially true if family members are responsible for the final arrangements, without the documented last wishes of their loved ones. To avoid conflict, it is important to compromise and compromise to move forward. There is usually not much time to complete funeral preparations, so make an effort to work together and try to find common ground whenever possible. Consider hiring a mediator if there is a dead end – a third party can often make helpful suggestions. While it is common for individuals to include their wishes regarding funeral arrangements in their will, it is important to note that these wishes are not binding. .