Legal Question in Elder Law in Florida

next of kin obligation...

If a family member dies in a nursing home or a hospital, is the next of kin obligated to pay for burial/disposal of the body? Will the state bury the person and then send a bill to the next of kin? Does it depend on the state or is there a general rule throughout the U.S.?


Asked on 8/07/07, 12:35 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: next of kin obligation...

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The laws vary from state to state but it would probably be safe to guess that each state anticipates that other family members will take care of funeral arrangements for a deceased member of their own family. In Florida, a pauper's burial or cremation is arranged for any unclaimed bodies.

Scott R. Jay, Esq.

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Answered on 8/07/07, 12:57 pm


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