More specifically, if the two closest relatives are the deceased's father and brother, which one would get to choose where and how the deceased is buried?
2007-07-20 07:22:35 · 17 answers · asked by Anonymous in Politics & Government ➔ Government
The father.
2007-07-20 07:27:43 · answer #1 · answered by TheOrange Evil 7 · 1⤊ 0⤋
depends on state. I know someone who just died and left two sons--the oldest decided. I would think in your case the father since he really is the closest. I mean he is the deceased parent. If he wasn't here, the deceased would never have been, but the brother could have been without the brother. Many times, it is the person willing to pay for the arrangements.... sorry for your loss.
2007-07-27 23:16:36 · answer #2 · answered by BELINDA B 4 · 0⤊ 0⤋
you fail to mention the age of the deceased and the (mental) competence of the next-of-kin.
If the deceased was a child, the father chooses.
If he was an adult, the Probate Court will decide based on its reading of who was emotionally closest to the deceased -- as long as that person is deemed to be of sound mind.
If the kin disagree, the Executor or Trustee of the Estate will likely recommend his solution to the court.
It is likely that an offer to pay by one party, thus saving the estate some costs, may win the case.
And it's for sure a mess, so you ought to make sure your own Will specifies what to do with your remains.
GL
2007-07-20 14:33:18 · answer #3 · answered by Spock (rhp) 7 · 0⤊ 0⤋
Father
2007-07-20 14:28:11 · answer #4 · answered by Boomrat 6 · 1⤊ 0⤋
Most courts recognize the father as the nearest relative; then the brother. It is best to consider what the deceased person would choose with regard to funeral arrangements.
2007-07-20 14:34:48 · answer #5 · answered by tsalagi_star 3 · 0⤊ 0⤋
Depends on the state's laws.
Probate courts generally will determine the outcome based on the laws of that state.
Speaking from experience.. (not the wisest choice) the body can remain refrigerated until legal rights to dispose are established.
Most states will move up the family tree, then back down. So the father will have more priority over the son. However, legal action can still be taken by the son, in attempt to claim rights.
In that case, it will be decided by probate court.
2007-07-27 15:43:55 · answer #6 · answered by Kacy H 5 · 1⤊ 0⤋
California probate lawyer Robert Frost remembers two adult children who wrangled over the disposition of their widowed mother's body. ''One wanted her remains cremated and scattered at sea; the other wanted a traditional burial,'' he says. It took them more than a week to resolve it through mediation; the child in favor of cremation, exhausted by the battle, finally gave in. During the fight, which could have gone to court, the corpse was kept in storage.
If a person has appointed an executor in their will, it is the executor's responsibility to arrange the funeral. They do not have to follow the instructions in the will and can make other arrangements. If there is no will, the next of kin will be contacted to make funeral and other arrangements. If there is a spouse or de facto partner, they will generally be expected to make the arrangements. Under changes introduced to the Wills, Probate and Administration Act 1898, same sex partners have been included in the definition of de facto spouse
2007-07-20 14:36:19 · answer #7 · answered by DanE 7 · 0⤊ 1⤋
The father if he (the deceased) was not married and didn't have any children unless he specified in a will as to who his beneficiary was. That's why wills are SO important!!
2007-07-20 14:30:36 · answer #8 · answered by First Lady 7 · 1⤊ 1⤋
Sometimes, whomever is chosen to be the executor of the will makes these plans. My oldest sister's husband was the executor of my father's estate.
2007-07-28 14:04:10 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Usually it is settled by the court system if the rest of the family can not come up with something to make them all happy.
2007-07-20 14:28:49 · answer #10 · answered by shadowsthathunt 6 · 2⤊ 0⤋