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Wills and Trusts

Tuesday, October 11, 2016

Who has the right to bury a body in New York?

The question presented is who has the right to bury a body in the state of New York. The short answer is whomever the Will dictates. But what if the Will is silent on this issue and neglects to determine your loved one’s last wishes or to direct someone to have control over the burial arrangements? You can end up in a family war over how your loved one is to be buried.

Imagine the following scenario: your loved one has passed and there is a Will. Unfortunately, the Will fails to mention how he wants to be buried and fails to delegate that duty to a person. It is now up to your loved ones to hash it out. One side is pushing for cremation and the other is pushing for a burial. What are your options? 

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