Legal Question in Legal Ethics in Tennessee

Who is responsible for notifying the next of kin ?

My husband's mother recently passed away. He is an only child and the next of kin, since his father died many years ago. His mother remarried, but was divorced a few years back. When she died, her nephew arranged a private funeral and burial through our local funeral home. Afterwards, my husband was notified by a relative. We were told she had given this nephew ''power of attorney'' before her death. Did this document allow him to do this? Is it not the responsibility of the coroner or the funeral home director to notify the next of kin? We live in a small town and it was not as though these people didn't know my husband existed.


Asked on 2/19/06, 2:33 am

1 Answer from Attorneys
Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: Who is responsible for notifying the next of kin ?

The person who organized and paid for the funeral was required to notify next of kin. Potentially, your husband has a cause of action related to being denied to say goodbye through the funeral process, and then the shock of learning that all of this had taken place without notifying him.

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Answered on 2/19/06, 9:20 am


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