Who would have the most say in where a womanis buried – her fiance or her father?

I have a friend who just passed away. Her husband-to-be wants to bury her here but her father ,who was never in her life, is wants to bury her near him.

Asked on September 8, 2011 under Estate Planning, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unless a person has a will either specifying burial arrangement or at least specifying who has the right to make that decision, the person's next of kin will be able to make this choice. That person is probably her father (though it could also be her mother or her child(ren), if any). It would not be her fiance, however; "fiance" is not actually a legal relationship, and being a fiance neither makes one related to another person (so being a fiance is, legally, the same as being a boyfriend, a friend, or any other unrelated person) nor gives the fiance any legal rights or authority. So unfortunately, unless your friend had a will which answers this question, it will probably be her father--and certainly not her fiance--who gets to decide.


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