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.


Asked on 5/30/05, 9:21 am

1 Answer from Attorneys

Kevin Plachta The Law Office of Kevin F. Plachta

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.

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Answered on 5/31/05, 5:19 am


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