Legal Question in Wills and Trusts in Illinois
Who has the right to decide where my father is buried?
My father is currently in a coma, and will be passing away soon I fear. To cut
to the chase. His siblings would like to move his body back to Mississippi
where he was born. My father lived here in Illinois for over 25 years, and my
sister and I feel that he should remain here. My father has no will of any sort.
Is there any laws that talk about his kind of thing, or who technically has the
right to decide where he is buried? My parents have been divorced for years,
but my mother's insurance policy will be paying for the funeral arrangements
and such. Is there any legal recourse I can take if it comes to that? Any help
would be wonderful, please, I'm at my wits end.
1 Answer from Attorneys
Re: Who has the right to decide where my father is buried?
There is no law regarding the place of burial. Since your father has no will and is divorced then technically you and your sister should make the decision. This does not sound like an issue which a court can or should resolve. Its my opinion that you need to sit down whith the other family members and iron this out.