Legal Question in Wills and Trusts in Florida
My Brother, Uncle (my dad's brother) and I found out late yesterday afternoon that my father had died on Sunday and was burried on Tuesday. (Tuesday was the day we found out). We were never notified of his death or listed in the obituary.(nothing can be done about that) We don't know what he died from, how he died or anything. We visited the funeral home today to see the grave site. Several unusal things were brought up to us. The funeral home was very helpful and felt horrible that they did not know about us. They were told he had no other next of kin. The other thing that surprised them was when they told us the section he was burried. His wife had him burried in the Jewish section (which explain why he was so quickly burried). We are of the Christian faith. They also were confused by the 5 minute rushed ceremony with 2 Rabbi and the fact the wife wanted him placed in the ground immediately. They thought something was weird about this because my father was dressed in Kakhi pants and a polo shirt. They said that wasn't normal for a jewish service.
Is there any kind of Moral Law that would cover this Non-notification of family when the wife of my father knew exactly how to get a hold of any of us?
Thank you
M
2 Answers from Attorneys
No there isn't. The closest it is is "Intentional Infliction of Emotional Distress" and that is very hard to prove. Also, in the jewish religion it is customary to bury the body within 24 hours of death. So your facts do not give rise to this legal theory on that account. The notice matter may be one of family issues, and not one that would rise to damages.
Unfortunately no. You reference "his wife" so I am assuming it was a second marriage. What happened to you happens more than people realize. That is why they call them "step-monsters."
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