Husband's Rights In Deceased Wife's Funeral Arrangements

[Emmanuel]

My brother's wife just passed and he says she wanted to be cremated but there is nothing in writing. Someone at the funeral home told him that without something in place before she died, her next of kin, i.e., her two sons froma previous relationship, would be the ones to make the decision. Is that right?

[Hwistlere]

No, the spouse is the legal next-of-kin, and without something in writing from the deceased, he/she gets to decide. He can call me directly if the funeral home is giving him a hard time-- 802-482-3437 -- and I can try to mediate with the funeral home. Or he should simple tell the funeral home to show him the law giving rights to someone else. Doesn't exist in any state. Spouse prevails in all states unless deceased left other direction. He should threaten to sue the funeral home or move the body to another one. Sounds to me as if the funeral home is trying to crank up the funeral bill.