Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

When Family Matters Affect Burial Decisions

By Daniel G. Fish
September 28, 2006

Legal disputes over control of the physical remains of a person after death belie the phrase requiescat in pace. The problem can come up when parents of the deceased are divorced, they are the next of kin and they disagree as to what should be done with a child's remains. It can emerge when people remarry and their children's ideas clash with those of their new spouse.

The problem can also surface when same-sex couples in non-legally recognized relationships are left out of the burial decision-making process. In New York, the Hernandez v. Robles decision, which found no constitutional prohibition against New York's denial of the right of same-sex couples to marry, did nothing to remedy this situation. However, a recently enacted statute ' Public Health Law 4201 ' permits the appointment in writing of an agent to make decisions regarding the disposition of remains upon death. For non-married couples who want to designate one another to make burial/cremation decisions and for families in which cooperation at times like these is less than guaranteed, the law is a boon.

The Sorrow of Death Compounded: Some Unfortunate Cases

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Legal Possession: What Does It Mean? Image

Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.

The Stranger to the Deed Rule Image

In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.