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Pennsylvania law also requires that you obtain a permit from the local registrar or State Registrar of Vital Statistics before you cremate a body. (35 Pennsylvania Statutes § 450.504.) In Pennsylvania, there are no state laws controlling where you may keep or scatter ashes.
Pennsylvania law determines who has the right to make final decisions about a person's body and funeral services. This right and responsibility goes to the following people, in order: a person you name before your death in "an explicit and sincere expression, either verbal or written"
Most bodies are buried in established cemeteries, but burial on private property may be possible in Pennsylvania. Before conducting a home burial or establishing a family cemetery, check with the county or town clerk for any local zoning laws you must follow.
There is a required waiting period of 24 hours before cremation may occur. ( 49 Pennsylvania Administrative Code § 13.212 (2018).) For more information about cremation, including information on scattering ashes, see Burial and Cremation Laws in Pennsylvania.
The harder question to answer may be “Who is the Next of Kin?” In Pennsylvania, the next of kin, according to PA Title 20, are listed as follows: a living spouse who is legally married; if there is no living spouse then all adult children, if no adult children then all parents, if no parents then all siblings, if no ...
PA law mandates that the cremation process can not take place until 24 hours after death. After that time and all of the paperwork has been processed, you can expect the cremated remains returned to you in 7-10 days. During the processing time, the deceased will be held in a secure, refrigerated environment.
However, there is no restriction on how long after the death a funeral must take place. It's not uncommon to hold the cremation or burial up to 4-6 weeks after the death on occasion – particularly if family or guests need to make long distance travel arrangements.
Pennsylvania State Funeral Laws Five funeral directors, two public members, one person from consumer protection, and the commissioner.
The person entitled to possession of the body is the person who is under a duty to dispose of the body. A crematorium authority must hand over the ashes to the person who delivered the body for cremation.
(35 Pennsylvania Statutes § 450.504.) In Pennsylvania, there are no state laws controlling where you may keep or scatter ashes. Ashes may be stored in a crypt, niche, grave, or container at home.
bonesPeople are often surprised by how much cremated remains they get back after a body has been cremated. All bones are left they do not evaporate. The bones are then reduced in size to a granular consistency.
If you were able to view a body after one year of burial, you may see as little as the skeleton laid to rest in the soil or as much as the body still recognizable with all the clothes intact.
An unattended cremation is a cremation without a ceremony. This means that were will be no service and no invited guests at the cremation itself, other than the most immediate family and the crematoria staff.
If a family cannot agree on a loved one's funeral arrangements, the dispute may need to go to Court. The Court will also consider the reasonable requirements and wishes of close family members and the location with which the deceased had the closest connection.
No. If you have made a Will, your executor(s) will be responsible for arranging your affairs according to your wishes. Your executor may appoint another person to act on their behalf.
Who has the right to possess cremation ashes? The right to possess the ashes is likely to be “the executor*, or whoever was at the charge of the funeral” or basically the person who signed the contract with the funeral director.
If you will be wrapping up the deceased person’s affairs, you'll require multiple, official copies to carry out your job. You will need to submit a...
In Pennsylvania, anyone can obtain a copy of a death certificate if the death occurred at least 50 years ago. Otherwise, you can obtain a certified...
A casket is often the single greatest expense incurred after a death, usually costing $500 box to $20,000 or more.Burial. No law requires a casket...
No. Federal law requires funeral homes to accept caskets that consumers have purchased from another source, such as an online retailer. You may als...
Most bodies are buried in established cemeteries, but burial on private property may be possible in Pennsylvania. Before conducting a home burial o...
In Pennsylvania, there are no state laws controlling where you may keep or scatter ashes. Ashes may be stored in a crypt, niche, grave, or containe...
If your loved one was neglected or abused by a funeral home, you may be eligible to recover compensation for: 1 Emotional distress 2 Loss of life’s enjoyment 3 Funeral expenses 4 Other damages
Other damages. Damages in these cases can vary greatly. For example, if you paid for a more expensive casket, and the funeral home buried your loved one in a cheaper casket, you might be owed the difference in price between the two, plus damages for emotional distress.
The funeral home owed you a duty of care. They were responsible for treating the deceased in an honest and respectful manner, and they failed to do so.
Funeral Home Negligence. After the death of a loved one, one of the best ways to honor their memory is to ensure they have a respectful burial or cremation. As a result, most people turn to funeral homes, in which they place an enormous amount of trust.
“Negligence” is the legal term for liability or responsibility in an accident. Proving liability generally involves satisfying the following criteria:
If a funeral home did not treat your dearly departed in an honest, respectful, or competent manner, contact the funeral lawyers at Morgan & Morgan. Our highly skilled attorneys can review the facts of your case to determine liability for your injury and help you collect financial compensation during this very difficult time.
Unfortunately, some funeral homes nullify or even abuse this trust. Whether a result of greed, incompetence, or perversion, funeral home abuse is an insult and an outrage. Thankfully, by filing a personal injury lawsuit, victims can hold funeral homes accountable for their negligence.
If you will be wrapping up the deceased person's affairs, you'll require multiple, official copies to carry out your job. You will need to submit a certified copy of the death certificate each time you claim property or benefits that belonged to the deceased person, including life insurance proceeds, Social Security benefits, payable on death accounts, veterans benefits, and many others.
( 35 Pennsylvania Statutes § 450.504 .) Most bodies are buried in established cemeteries, but burial on private property may be possible in Pennsylvania. Before conducting a home burial or establishing a family cemetery, check with the county or town clerk for any local zoning laws you must follow. If you bury a body on private land, you should draw a map of the property showing the burial ground and file it with the property deed so the location will be clear to others in the future.
Ashes may be stored in a crypt, niche, grave, or container at home. If you wish to scatter ashes, you have many options. Cremation renders ashes harmless, so there is no public health risk involved in scattering ashes. Use common sense and refrain from scattering ashes in places where they would be obvious to others.
Scattering ashes at sea. The federal Clean Water Act requires that cremated remains be scattered at least three nautical miles from land. If the container will not easily decompose, you must dispose of it separately. The EPA does not permit scattering at beaches or in wading pools by the sea. Finally, you must notify the EPA within 30 days of scattering ashes at sea.
In Pennsylvania, is a casket necessary for burial or cremation? A casket is often the single greatest expense incurred after a death, usually costing $500 for a simple box to $20,000 or more for an elaborate design. Burial. No law requires a casket for burial.
In addition, if the death was due to a noncontagious disease and will be shipped by common carrier (such as an airplane) to a place that cannot be reached within 24 hours after death, the body must be embalmed or placed in a specially sealed container. ( 28 Pennsylvania Code § 1.23 .)
In Pennsylvania, there are no state laws controlling where you may keep or scatter ashes. Ashes may be stored in a crypt, niche, grave, or container at home . If you wish to scatter ashes, you have many options. Cremation renders ashes harmless, so there is no public health risk involved in scattering ashes.
Until very recently in Pennsylvania, all legal immediate surviving representatives of the same order of succession would have to unanimously agree on the cremation for it to take place. The legal next of kin are organized in the following tiers: surviving spouse, all surviving children, all surviving parents, all surviving siblings, all surviving grandchildren, and all surviving grandparents.
Upon its effective date of December 22, 2018, it changed, among other things, part of the right to disposition law in Pennsylvania to allow for majority rule among family members of the same tier to determine disposition without repercussions or having to petition the court. Not only does the passage of this bill save families time ...
A new law changed part of the right to disposition law in Pennsylvania to allow for majority rule. When someone desires cremation as a method of disposition, it’s important to consider the legal progression for complying with their wishes after death.
In the case of a widow who passes away, all surviving children would have to consent to the cremation; if there are no living children, both surviving parents would have to consent, etc.
It can be difficult to broach the subject, particularly with a spouse or child, but even by telling family members that your wishes are recorded and where to locate important legal documents can save time and heartache.
Remember, while it is good practice to include your wishes in a will or living trust, it serves no purpose if nobody will find these documents until after a funeral or cremation has already taken place.
If, based on the order of succession listed above, you have no family members who will be responsible for making the decision for you, it is even more important to have your wishes included in a legal document and share these wishes with a friend, neighbor, power of attorney, or future executor or administrator of your estate.
With some 1800 funeral homes in Pennsylvania, around 1000 cemeteries and memorial parks, and some 500 crematories, it can be quite a task choosing a funeral home or cremation provider. Most people usually consider recommendations from family, friends, or associates who have had prior experience of arranging a funeral. However, you may either have not had any recommendations or be requiring something different. As people are shifting more towards cremation as a disposition option, this can often mean people are seeking out new service providers. Or, the cost has become such a significant aspect of death care these days that many need to shop around to compare prices between funeral homes.
A comprehensive directory of all the funeral homes in Pennsylvania is provided here on US Funerals Online, organized by state and city, making it simple for you to view and find funeral providers near to you. We list ALL funeral providers for free on our directory. If you are specifically looking for a budget cremation provider, we would suggest you visit DFS Memorials. DFS Memorials is a network of local, family-owned funeral homes and crematories that offer affordable options to their local communities, and can provide a direct cremation for an affordable price.
This is the million-dollar question that many people turn to search online to find out. Unfortunately, many within the funeral profession do not believe in disclosing their prices on their websites or in advertising. The reason is that often when you ask “how much does a funeral cost”, it can be synonymous with “how long is a piece of string?” …which really means “how much can you afford to spend”? It is fair to say that the cost of a funeral does vary significantly, even in the same area for equivalent services. For this reason, it is highly recommended that you shop around and compare costs
Preplanning a funeral is a good way to save the surviving family the emotional and financial burden of a funeral. These days it can also be a wise choice when the funds allotted to a funeral plan are not taken into account if you later require senior aid and are assessed.
You should visit our section on veteran’s funerals for more information on this. Social security does pay out $255 for those who have worked long enough and qualify, and most local Human Services will have some allowance to help those who are most needy and have no money to cover funeral costs . This will only be minimal assistance for the most basic of services.
If you have a complaint regarding the services or products you have purchased from a funeral director, you can make a written complaint to the Pennsylvania Funeral Directors Association’s Grievance Committee.
The family should check with the local zoning or code enforcement officer. Apparently, Philadelphia and Pittsburgh have ordinances prohibiting human burials anywhere but in an established cemetery. If you require a cemetery burial plot in Pennsylvania then it is recommended that you research in detail with the cemetery of your choice. All cemeteries have their own policies regarding specific criteria for vaults, grave liners, and grave markers. Pennsylvania law does NOT require that a vault is needed or indeed a casket or coffin. The Federal Funeral law states that you do NOT have to purchase a casket from your funeral director, and your funeral director CANNOT refuse to accept a casket purchased online.
If you believe that your loved one’s memory has been harmed or dishonored through cemetery, funeral home or cremation negligence, error or exploitation, it is essential to contact an attorney that has experience with these kinds of cases. Protect your legal rights and the rights of your loved ones by exploring your legal options in the event of a funeral home mistake. The sensitive nature of these cases can make them challenging to pursue, but I am well-versed in the laws that protect you and your family from this level of negligence.
Funeral home and cemetery negligence are appalling acts that are frequently more common across the United States. The deceased have no way to protect or defend their bodies and dignity from physical abuse and/or desecration.
There are a number of different ways that a funeral home or crematory can succumb to negligence that eventually damages the legacy of your loved one (s). Examples of some of the most egregious types of mistakes made by funeral homes include:
The law also allows a person to name someone other than the next of kin to authorize their cremation. The document is called a Statement of Contrary Intent and in short this document is used to go above the next of kin as set forth in Title 20.
In Pennsylvania, the next of kin, according to PA Title 20, are listed as follows: a living spouse who is legally married; if there is no living spouse then all adult children, if no adult children then all parents, if no parents then all siblings, if no siblings then all nieces and nephews.
For example if a deceased has 4 children and one child is not in agreement to the cremation, then the cremation cannot be performed. A judge will need to give a ruling and in most cases the judge will rule with the next of kin who were closest to the deceased. The law also allows a person to name someone other than the next ...
In certain situations a person may want to name one of their children as the authorizing agent thereby streamlining the process. Or in certain situations, a person may want to name a “partner” or “significant other” who is not covered as a next of kin and would be unable to provide the authorization.
A South Florida family sued a Miami funeral home for several mix-ups involving the body of their deceased son. First, the funeral home sent the wrong body to Cuba, where the funeral was to be held. When the parents alerted the funeral home, they were told they would receive their son’s body the next day. This never happened. Instead, the funeral home admitted it accidentally cremated the body.
In 2014, a devastated family sued a Lauderdale Lakes funeral home after discovering it buried another baby in their child’s burial spot. In addition to mishandling the remains, workers at the funeral home also allegedly said the family needed to “speed up” the funeral service before swapping out the caskets.
We were able to prove the funeral home acted negligently and then lied to cover up their negligence. The funeral home settled for $500,000, the full amount of its insurance policy. The settlement included both compensatory and punitive damages.
Examples of Funeral Home Negligence. There are several ways in which a funeral home can be negligent, including: Not embalming a body or incorrectly embalming a body. Mishandling cremation (e.g., cremating the incorrect body, cremating the body too early, creating a body meant to be buried)
The parents sued the funeral home for “conduct [that] is so outrageous in character and so extreme that it goes beyond all bounds of decency in a civilized society.”. They also claimed “tortuous interference with a dead body, reckless infliction of emotional distress, and negligence.”.
Mcwhite Funeral Home. The grieving parents found, to their horror, that the baby in the casket was not their baby girl. When the parents brought up their concerns, Mr. McWhite told the parents that the baby’s appearance was due to the embalming process. The parents then buried this baby, thinking it was their child.
The family requested the ashes, only to find that the funeral home had given the son’s ashes to the wrong family who, believing them to be their loved one’s, scattered them at sea. This funeral home had a history of mishandling remains and even of holding a body hostage.
If you do not fill out a Funeral Planning Declaration, your health care power of attorney named in an advance medical directive has the right to “make plans for the disposition of the principal’s body.” NOTE – a person named in your Funeral Planning Declaration has legal priority over an agent named in your durable power of attorney for health care when it comes to the disposition of your dead body.
Alabama – In 2011 the state adopted a designated agent law which allows you to name a legal representative of your choice to carry out funeral wishes. Click here to download a form.
Texas –There is a statutory duty to honor the wishes of the deceased. You may also name an agent to control disposition of remains. Click here to download the form to appoint an agent for the disposition of your body. Utah –A designated agent may carry out the wishes of the deceased.
1. If the dead person was married, on the surviving spouse. Unless: (a) The dead person was legally separated from the person’s spouse. (b) A petition for divorce or for legal separation from the dead person’s spouse was filed before the person’s death and remains pending at the time of death. 2.
Missouri — Yes, Designated Agent law. Chapter 194, Death – Disposition of Dead Bodies, Section 194.119, of the Missouri Revised Statutes, states that the next-of-kin has the “right of sepulcher” — the right to custody and control of the dead body. What’s interesting is that in Missouri, you can designate anyone you want to be your next-of-kin for the purposes of the disposition of your body. Click here to download a form.The easiest way to do this is to name a person to carry out your funeral within your Durable Power of Attorney for Healthcare.
New Mexico — You may authorize your own cremation prior to death under statute 24-12A-1. In addition, you may appoint a legal agent to carry out your funeral wishes ( click here for the form) within your will under statute 45-3-701 B. Click here to download a cremation authorization form that includes tips on using your will to appoint an agent.
Arkansas — Arkansas enacted a law in 2009 that allows you to specify your funeral wishes in advance. The law also allows you to designate an agent to carry them out (or you may leave those decisions up to your designated agent). Click here to download a declaration form that complies with Arkansas law.