Right and Duty of Disposition

Right of Disposition Primary: “those who are bound to the decedent most closely by ties of kinship” Secondary: State FD should not make legal decisions as to who has the paramount right of disposition.

General Rule of Priority (unless other directions have been given by the decedent or a court) surviving spouse majority of surviving children surviving parent or parents majority of brothers and sisters other according to degree of consanguinity if none of the above exist

Factors Affecting the General Rule Wishes of the Decedent Special Relationship Householder Waiver

Rights of the Party Undertaking Disposition 1) Right to Custody of the Body A) actual custody B) constructive custody (injunction vs. writ of replevin) 2) Right to Control the Funeral A) primary B) secondary

Rights of the Party in Control Select the method of disposition. Select the funeral home. Select the merchandise. Select the time and place. Dictate the character of the funeral. Permit or refuse flowers. Public or private.

FD with Right of Disposition Right vs. Duty Right is derived from 2 sources: 1) Statute 2) Funeral Contract Custody of the Body Direction of the Funeral