If a married couple has been separated for 4 years and 1 spouse dies, does the surviving spouse still has the right to decide funeral arrangements?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a married couple has been separated for 4 years and 1 spouse dies, does the surviving spouse still has the right to decide funeral arrangements?
If that surviving spouse simply abandons the deceased body at a funeral home and does nothing, what recourse does the deceased’s family have to claim the body and after what amount of time?
Asked on February 28, 2013 under Estate Planning, Florida
Answers:
Catherine Blackburn / Blackburn Law Firm
Answered 11 years ago | Contributor
So long as a person is married, the surviving spouse has the right to inherit in Florida and has priority in making funeral arrangements and probating the estate. However, if the spouse takes no action, the family is able to do so. There is no specific time period that must pass.
I would ask the spouse to sign a paper stating that he or she waives all rights to make funeral or burial arrangements and to serve as Personal Representative of the Estate. Have this notarized if possible. If the spouse will not cooperate, the funeral home will usually follow the family's wishes (after all, they want to be paid). There are methods in the probate court to have a family member serve as Personal Representative if the spouse will not serve.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.