Legal Question in Family Law in New York

does the funeral home has a right to not bury my husband

My husband recently died and during the funeral ceremony another woman came forward and claimed that she is his righful wife and that she never divorced him. I was married to him for 9 years and never knew that he was not divorced. She married him in another country and does not have any marriage documents translated in English. The funeral home stopped all of the procedures, refused to bury him and is holding his body for a week already and refuses to issue a certificate of death. They said that this woman and I have to settle the issue of who is the wife before they will bury him and issue the certificate. He did not live with her for the last 20 years. Do they really have a right to hold his body and refuse the death certificate? What recorse do I have in this situation? This is causing me much emotional distress. Thank you.


Asked on 3/31/06, 7:19 am

3 Answers from Attorneys
Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: does the funeral home has a right to not bury my husband

The only method available to you is to go to court and obtain a court order to compel the other woman to cease and desist making her claims and to compel the funeral parlor to proceed with the funeral arrangements. This is the type of litigation that our office handles. You may call us for a free telephone consultation for ten minutes

Read more
Answered on 3/31/06, 11:42 am
John O'Donnell Attorney at Law

Re: does the funeral home has a right to not bury my husband

It seems to me that if you and the other woman are in agreement as to the funeral arrangements, there should be no issue with the funeral home.

If you cannot agree you must go to court.

It would be highly advsable for you to consult with an attorney.

Read more
Answered on 3/31/06, 11:58 am
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: does the funeral home has a right to not bury my husband

Yes, they have a right to hold his body and not issue the death certificate. The funeral home is prob able to hold his body for 30 days. This is a very sad situation. Unfortunately, the funeral home can not act without both your approvals.

Debra

Read more
Answered on 3/31/06, 4:03 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York