1. Right and Duty of Disposition

2. 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.

3. 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

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

5. 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

6. 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.

7. 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