Legal Question in Wills and Trusts in Pennsylvania

next of kin can't be located or doesnt want to claim their father's body..can it then pass to another family member in PA? He had no will. What happens if remains are unclaimed?


Asked on 2/11/12, 4:00 pm

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

With or without a will by the deceased, a body is not property to be disposed of. It doesn't belong to a family member or any other person. Funeral homes generally have a procedure to follow if a body is not claimed.

If you are a family member and have concerns, consult a lawyer.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Read more
Answered on 2/12/12, 8:06 am

What are you asking? About property or the actual disposition of the body?

A will has nothing to do with the disposition of a person - only their assets. If there is no will, then the assets will be disposed of as per state intestacy law. I don't know what the man has, but if it is unclaimed, like where there is money in the bank, it will eventually be escheated (turned over to the state treasurer.)

If you are talking about disposition of the body, there are procedures to follow. I would assume that there are time limits and if arrangements are not made within that time that the man will probably be cremated.

Read more
Answered on 2/12/12, 9:46 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Pennsylvania