Legal Question in Wills and Trusts in Maryland

Cremation

In the state of Maryland, my husband had to sign to have his father cremated. On the form, he had marked the spot to have the remains go to him. The funeral home gave the remains to the head of the estate who was the girl friend of the deceased. I want to know, were they justified in doing so, or was my husband supposed to get the remains. We were both lead to believe that the remains would go to my husband and not girl friend when we asked at the funeral home.


Asked on 4/12/04, 9:02 pm

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Cremation

Crematorium rights are usually as established by the individual inter vivos (during life). Where there was no contract, a will may provide guidelines. This matter, however, is not something that applies to probate in Maryland. The rights and rituals over the remains of a deceased vary across religion. Documents that may have been signed at execution for crematoria services should be reviewed. Consult an attorney for assistance.

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Answered on 4/12/04, 9:29 pm


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