Who has power to decide in NYS over a deceased family members burial/funeral if they left no will but verbally expressed their wishes? If the family members can't agree who gets to make the decision? Do the son/daughter of deceased or the brother/sister of deceaded get to make the decision?
2007-11-16 01:45:36 · 4 answers · asked by Princess Yoda 2 in Family & Relationships ➔ Family
In India, the responsibility goes to the eldest son. If he declines to do, it passes on to the next one, or the next.If all sons refuse to carry out the funeral rites,it will pass on to any brother of the deceased. If the deceased was mother of such sons who declined, the last rites will be carried out by her brother-in-law.Normally, no son will ever decline,for fear of social stigma.
2007-11-16 02:01:05 · answer #1 · answered by yogeshwargarg 7 · 0⤊ 0⤋
Check the New York State Probate Code. Some states allow for spoken wills, where some don't. In florida, a spoken will is not valide and the person would be considered intestate. The Florida probate code would be involved. I googled New York State Probate and got this link:
http://www.megalaw.com/ny/top/nyprobate.php
Maybe it will help.
If in doubt, I highly recommend going to a probate lawyer, probate law and intestacy law can be so complicated, even after taking a class on in it in florida probate, i still have to refer to the code when in doubt.
good luck. sorry about the loss. i hope the law can help you determin the answers to your questions.
2007-11-16 01:54:30 · answer #2 · answered by Patrick R 1 · 0⤊ 0⤋
the son or daughter if theres no spouse... next of kin is spouse, children, parents if still living, deceases siblings... its a shame how many people get ugly and greedy when family dies. good luck
2007-11-16 02:53:42 · answer #3 · answered by kitttkat2001 5 · 0⤊ 0⤋
The one who the body is released to, and will pay the bills.Would that parent want everyone fighting over this?
2007-11-16 01:50:14 · answer #4 · answered by tysdad62271 5 · 0⤊ 1⤋