what kind of lawyer would i need to get the remains of a family member

How to find a family law attorney for a family member?

When seeking out an attorney for a family member or friend, you should seek an attorney that is experienced in these kinds of situations and is experienced in the field of law needed for your loved one’s case; whether they be a qualified and experienced family law attorney or an experienced criminal law attorney.

What do I do with the remains of a deceased person?

I suggest calling the local coroner or entity that has the remains. The following is a Texas statute: § 711.002. DISPOSITION OF REMAINS; DUTY TO INTER. (a) the order named by law to inherit the estate of the decedent. as my agent (attorney-in-fact).

What are the legal rights of a deceased family member?

The legal rights of family members depend largely on whether the decedent had an estate plan in place. Most states have a probate court where a beneficiary or heir can enforce his legal rights. Rights Under a Will or Trust A decedent may leave instructions for how his estate should be distributed in a will or a trust document.

What questions should you ask an estate attorney after a death?

Here are some critical questions you should ask when you meet with an estate attorney in the wake of a loved one’s death. Is the Previous Power of Attorney Still Valid? You may have had a power of attorney for the loved one who has just died, and you may erroneously believe that the power of attorney is still in force.

Who legally owns a corpse?

Although the right to a decent burial has long been recognized at common law, no universal rule exists as to whom the right of burial is granted. The right to possession of a dead human body for the purpose of burial is, under ordinary circumstances, in the spouse or other relatives of the deceased.

How long can a body stay in the morgue us?

A body presents little threat to public health in the first day following the death. However, after 24 hours the body will need some level of embalming. A mortuary will be able to preserve the body for approximately a week. Regardless of the embalming, decomposition will begin after one week.

Who decides what to do with ashes?

The next-of-kin (or the person designated as executor) has responsibility for the ashes. Practically speaking, usually it's the person who arranges and pays for the funeral and/or cremation who picks up the ashes after the cremation is complete.

What can you do with someone's remains?

What To Do With Cremated RemainsCremation Urns. If you plan to keep or store a loved one's cremated remains, you are going to need some type of container to hold the ashes securely. ... Scattering Ashes. Scattering the cremated remains in a place that was meaningful to your loved one is popular. ... Cremation Jewelry.

What does a buried body look like after 1 year?

2:374:06After 10 Years In A Coffin, Here's What Happens To Your Body - YouTubeYouTubeStart of suggested clipEnd of suggested clipWith cartilage bones and hair staying intact much longer than muscles and organs with no coughing orMoreWith cartilage bones and hair staying intact much longer than muscles and organs with no coughing or embalming a body in the ground in nature takes 8 to 10 years to totally decompose.

What does a body look like 2 weeks after death?

8-10 days postmortem: the body turns from green to red as blood decomposes and gases accumulate. 2+ weeks postmortem: teeth and nails fall out. 1+ month postmortem: the corpse begins to liquefy into a dark sludge.

Who has legal rights to cremated remains?

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.

Who can collect ashes?

The ashes are given to the person who has applied for cremation with the funeral director. The ashes can be collected by the applicant directly from the crematorium or the applicant can nominate the funeral director to collect them on their behalf.

How long after cremation do you get the ashes?

After the cremation process Cremated remains can usually be collected from the crematorium within 2 working days. It is possible to collect on the same day by prior arrangement if there is an urgent need - for example travel overseas for a memorial service or scattering.

What does the Bible say about keeping ashes of a loved one?

There is no Biblical precedent for cremation. Ultimately, it depends on the personal wishes of the deceased or, if no wishes were left, the feelings and preferences of those making decisions for their final arrangements. If you decide to cremate and scatter ashes, nothing in the Bible prohibits you from doing so.

What does the Bible say about cremation?

The Bible neither favors nor forbids the process of cremation. Nevertheless, many Christians believe that their bodies would be ineligible for resurrection if they are cremated. This argument, though, is refuted by others on the basis of the fact that the body still decomposes over time after burial.

What do you do with remains after cremation?

Your loved one's cremains can be placed in a container/vessel such as an urn, incorporated into jewelry; placed in a columbarium or transformed into something else like an ornament or even a tattoo.

Who is entitled to choose the place of burial?

However, in the absence of such a circumstance, the surviving spouse is entitled to select a place of burial. If there arises any dispute between the surviving spouse and the next of kin, then the spouse’s preference prevails in determining the place and time of burial, and manner of disposal.

Who has the right to control a burial?

While the primary and paramount right to possession of the body and control of the burial or is vested in the surviving spouse, the right of a surviving spouse to control the burial is dependent on the peculiar circumstances of each case, and may be waived by consent or otherwise.

What is the duty of a mortuary?

According to the common law, it is the duty of a mortuary to deliver a dead body relatively in good condition to the relatives of the deceased person. A mortuary must do their duty with utmost care and attention. A reasonable expedience is expected from a mortuary that carries a dead body. Moody v.

What is the order of priority in a divorce?

In other words, if there is no surviving husband or wife, the right lies in the next of kin in the order of their relation to the decedent, usually in the following order: children of proper age, parents, brothers and sisters, or more distant kin. This rule of priority is to be applied with reason.

What are the rights and obligations applicable to human remains?

The rights and obligations applicable to human remains is a topic of critical importance to a family facing a death yet is a subject that is seldom discussed or considered. This article shall outline the responsibilities and rights as to human remains.

What is the federal law for burial?

Federal Law: Federal statutes authorize the payment of expenses for the burial or disposal of the remains of certain persons in federal custody, persons dying on or in federally owned property or facilities, and certain federal employees who die in the line of duty.

What is the matter of the disposition of the dead?

The matter of the disposition of the dead is so involved in the public interest, including the public’s health, safety, and welfare, that it is subject to control by law instead of being subject entirely to the desires, whim, or caprice of individuals. Wolf v.

What Happens if a Family Member Disagrees about How to Handle the Case?

The family member or friend that pays for the client to receive legal services and hires the lawyer has no control over the case. Once again, the attorney must represent the client and owes a duty only to the client, not the person that pays the client’s bill.

What Happens to Unused Funds at the End of the Case?

At the conclusion of the case, any unused funds or unearned fees left in the client’s trust account, will be returned to the client by the attorney. Thus, if a family member or friend pays for the legal fees, at the end of the case they should ask for the money left from the client they helped.

Should I Seek an Attorney for my Family Member or Friend?

As can be seen, assisting a friend or family member in finding legal representation is a good option for persons that otherwise cannot afford or don’t qualify for legal representation. It is important to note that it is ok for you to pay the bills, however you will not be in charge of the case and may not have much involvement in the case at all.

What to Look for in a Lawyer

Before looking for an attorney, decide what kind you need. Common fields include:

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Who should check if a decedent has a copy of his or her name?

The family should check with the decedent’s attorney or accountant to see if they have the original or a copy. The family should also check with the bank where the decedent maintained an account to see if one may be located in a safe deposit box.

Why do creditors have to hold the assets of the decedent?

Holding the assets of the decedent in an effort to prevent creditors from reclaiming their debt is a risky proposition. Creditors have the right, after enough time passes, to petition the court to open the probate estate themselves.

Why don't people open estates?

Many people believe they don’t need to open an estate because their loved one did not have a lot of money. The mistake with this belief is that the debts and taxes of the decedent often go unpaid while assets are distributed. The family is then surprised when a creditor or the IRS shows up looking to recover their claim.

What happens if there are insufficient assets in an estate?

If there are insufficient assets in the estate to satisfy all the debts or tax obligations of the decedent, those debts and obligations do not become the responsibility of family and friends. Many will assume responsibility, believing it is the right thing to do, but they are not legally required to do so.

Why is it important to protect assets after death?

Assets need to be protected. Following the death of a loved one, there is often a period of chaos. This, coupled with grieving, presents a unique opportunity for those bent on personal benefit. It is important for the family, even before the opening of an estate, to protect all assets that belonged to the decedent.

What to know after death of loved one?

10 Things to Know After the Death of a Loved One. A power of attorney is no longer valid. Many people believe that, as the power of attorney , they continue to have the power to administer an estate following the death of a loved one. This simply is not the case. A power of attorney is no longer valid after death.

What is the phone number to call for probate?

If you have questions about the management of your loved one’s estate or the probate process, call us anytime at (888) 694-1761 to get answers.

Who shall inter the remains?

remains, shall inter the remains, and are liable for the reasonable. cost of interment: (1) the person designated in a written instrument. signed by the decedent; (2) the decedent's surviving spouse; (3) any one of the decedent's surviving adult. children; (4) either one of the decedent's surviving parents;

What is the identity of a decedent?

identity of a decedent and, in order to procure the disposition, including cremation [0], of the decedent's remains, signs an order or. statement, other than a death certificate, warrants the identity of. the decedent and is liable for all damages that result, directly or. indirectly, from that warrant.

What is the best way to protect assets after a loved one dies?

The best way to protect the assets is to open the estate right away.

How to contact an estate attorney in Arizona?

Call Arizona Estate Attorney Dave Weed at (480)426-8359 to discuss your case today.

What to expect after a loved one dies?

The days and weeks following the death of a loved one can seem like a blur. The grieving process is difficult enough, but there will also be a funeral to plan, relatives to notify and financial issues to handle . Meeting with an estate attorney as soon as possible can ease your burden and make a difficult time easier to bear.

What happens if you don't open a probate estate?

If you fail to open a probate estate, you could be liable for taxes and other claims. Even if you do not think a probate estate is necessary, it is important to discuss your options with an experienced estate attorney.

What to do if you are unsure about your taxes?

If you are unsure about the tax situation, you should contact the person who handled returns for the deceased. They should have copies of past tax returns, and they should be up to speed on any outstanding audits, tax debts or other issues. The days and weeks following the death of a loved one can seem like a blur.

Do debts disappear when someone dies?

There is a great deal of confusion about how debts are handled when an individual dies. Some people think that these debts simply disappear when the debtor dies, but that is not always the case. While some debts are forgiven on death, others follow the deceased and become part of the estate. The good news is that the family members ...

Is it hard to handle an estate?

The death of a loved one is always hard, but the difficulty of handling the estate can make an already difficult situation that much worse. Dealing with the complexities of the estate, closing the financial affairs of a deceased loved one and handling the taxes due can really put a strain on your emotions.

What to do if someone dies?

(Decedent is a legal term for a deceased person.) Contact family members and close friends first, but after that , you should notify the decedent’s employer, personal physician, attorney, accountant, and anyone else closely involved in his or her life, or anyone who might have important information.

What to do if a decedent leaves an estate plan?

If the decedent left an estate plan, that plan should directly address such issues. But if it doesn’t, or if there is no plan, you’ll have to act. If the death was unexpected and there are immediate needs that must be addressed, you’ll need to call a local estate planning attorney about your options after you’ve ensured the child, dependent, or animal is cared for. In these situations, you may have to ask a court to issue emergency orders to ensure the protection of the minors or dependents.

How to start probate?

This process begins when you file a document (usually called a petition or application) with the probate court in the county in which the decedent lived. The document will ask the court to open a new probate case and name an estate administrator to manage it. When you file the petition, you usually ask the court to name you as executor, but you can also ask the court to name someone else.

What is unsupervised probate?

Unsupervised formal probate requires executors to get court approval for specific actions, such as using estate funds to pay creditors or distributing assets to beneficiaries. Supervised Formal. Formal probate is the most rule-intensive probate process, and has the most court involvement and supervision.

What is the process of settlement of an estate?

One of the most important parts of the estate settlement process is conducting an inventory or assessment of exactly what the decedent left behind. Whether it’s real estate, investments accounts, cash, valuable personal items, or anything else, the estate inventory must include everything. This inventory, and the determination of the estate’s final value, becomes the basis for most of the remaining process. You’ll use it to determine how much the estate is worth, whether the estate owes taxes, whether there are enough assets to pay creditors, and how much you’ll have to distribute as inheritances.

How long after death do you have to prepare for a funeral?

After you’ve transferred the body to a mortuary or similar facility, you’ll also have to begin preparing for a funeral, cremation, or burial ceremony. You can usually wait a couple of days or more before you begin making these plans, and can use that time to determine if the decedent left behind any instructions. Follow the decedent’s wishes, if you know them, or the instructions left behind in the estate planning documents. If you don’t have guidance, you’ll have to make the plans on your own, or coordinate with other family members and loved ones.

What happens when an estate is disposed of?

Once everything is disposed of, or ready to be disposed of, the administrator will have to file a report with the probate court for approval. The report will detail the inventory, list the creditors, and show how all the assets will be disposed of. Once approved, the administrator will transfer the assets and the estate will be closed.

What documents are needed for a decedent's estate?

If the decedent had an estate plan, then copies or originals of the following documents will be needed: Last Will and Testament and Codicil (s): The original will and codicils will be required because if an original cannot be found, then it is presumed the decedent destroyed them,

What happens after someone dies?

Updated July 30, 2020. After someone dies, family members will need to locate all of the decedent's important papers. It will give family members and, if necessary, the estate attorney assisting the family with settling the decedent's final affairs , all of the pertinent information needed to complete probate or the trust settlement process .

Where did Peggy James go to law school?

She attended Duquesne University School of Law in Pittsburgh and received her J.D. in 1994. Peggy James is a CPA with 8 years of experience in corporate accounting and finance who currently works at a private university, and prior to her accounting career, she spent 18 years in newspaper advertising.

What is a beneficiary designation?

Beneficiary designations: For life insurance, retirement accounts, payable on death accounts and transfer on death accounts. Deeds for real estate: There is a common misconception that the original deed is needed, but a copy is fine.

Who can administer a will?

Once the will has been accepted for probate, the personal representative, often called an executor, can begin administering the estate.

How to find out if a survivor has a right to property?

A survivor’s legal right to real property depends largely on how the property is titled. This information can be found on the deed to the property. If the deed has been recorded, you can obtain a copy from your local recording agency’s office, often for a small fee. Generally speaking, real property, if owned solely by the decedent, is subject to probate; if there is no will, it becomes part of the intestate estate. However, there are instances in which real property passes outside of probate or intestacy. If real property is owned jointly by husband and wife, often referred to in a deed as “tenants by the entirety”, upon one spouse’s death the property will automatically pass to the surviving spouse. Unmarried individuals can also own property with this right of survivorship. When one “tenant” dies, the property will pass to the survivor. Additionally, a common arrangement between elderly parents and adult children is to deed the property to the children, with the parents retaining “life use”. This means that the parent has the right to live in the residence during his lifetime. Upon his death, any interest he had in the property passes to the children named in the deed.

What happens if a spouse leaves a will?

Most states have laws preventing a decedent from disinheriting his spouse. Even if a decedent intentionally leaves his spouse out of his will, she is , nonetheless, entitled to a certain amount of his estate, which is known as the “elective share.” Each state has laws governing the amount of the elective share and how a surviving spouse can exercise this right. For instance, in Tennessee, a surviving spouse must make her election within nine months of the date of death, and the amount to which she is entitled depends on the length of the marriage. In North Carolina, the amount of the elective share depends on whether or not the decedent left surviving children.

What is the fiduciary duty of an executor?

Fiduciary Duty. An executor, trustee and estate administrator each have what is known as a fiduciary duty to the beneficiaries or heirs of the estate. This means she has a legal duty to carry out her position in an honest and prudent manner.

What happens when a loved one dies?

When a loved one dies, settling his estate can seem like a daunting task. Those left behind may not know what rights they have as a beneficiary or heir of an estate. The legal rights of family members depend largely on whether the decedent had an estate plan in place. Most states have a probate court where a beneficiary or heir can enforce his ...

What is probate in a will?

Probate is the process by which a court authenticates the will and bestows authority on the personal representative to administer the estate. The will has no legal effect until it has been filed and accepted for probate. Part of the probate process is the notification of interested parties. If you are a beneficiary of the will or an heir ...

What happens to property when a tenant dies?

When one “tenant” dies, the property will pass to the survivor. Additionally, a common arrangement between elderly parents and adult children is to deed the property to the children, with the parents retaining “life use”. This means that the parent has the right to live in the residence during his lifetime.