What can be done if the next of kin do not agree as to the disposal ofa deceased’sremains?

UPDATED: Oct 11, 2010

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What can be done if the next of kin do not agree as to the disposal ofa deceased’sremains?

My bother passed away last week. My 3 other brothers have decided to cremate his body which I do not agree with. Is there any thing that I can do? My bother passed away without a Will, wife or children. Our parents are no longer alive either. I was told that in IN if one of the next of kin objects in writing that the do not consent to cremation the person can not be cremated, is that true?

Asked on October 11, 2010 under Estate Planning, Indiana


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am sorry for your loss.  Yes, there appears to be a law under the Indiana Code that is similar to what you have written here.  It is Indiana Code (IC) 23-14-31-26.  Has one or you been designated as the "authorizing agent" for you brother's estate and creation?  That will be important.  But subsection 6 of the statute listed above states as follows, states that the authorizing agent may be:

 "(6) The individual in the next degree of kinship under IC 29-1-2-1 to inherit the estate of the decedent. If more than one (1) individual of the same degree is surviving, any person of that degree may serve as the authorizing agent unless the crematory authority receives a written objection to the cremation from one (1) or more persons of the same degree."

I might seek legal counsel in your area to help with all of this.  Good luck.

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