Can a cemetery (private religious owned) prohibit disinterment without consent of ALL kin when MI laws only require majority consent for the permit?

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Can a cemetery (private religious owned) prohibit disinterment without consent of ALL kin when MI laws only require majority consent for the permit?

MI rules have recently changed for disinterment; 100% consent of all kin used to be required to get a permit to disinter and now it is a simple majority consent. Is petitioner still required by MI law to at least notify all relevant kin regardless of whether they have a majority without that person’s consent? And can the cemetary refuse releasing the body because they are adhering to the older rules of 100% consent of kin? Thanks.

Asked on May 27, 2009 under Estate Planning, Michigan

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Private religious owned entities cannot ignore the law.  I think what you are talking about is private groups and memberships.  Clearly, this is not a membership issue.  So if the law says X, then you have to abide by X.

To fully determine your responsibilities (both legal and otherwise), consult an attorney dealing with cemetary law.  Try www.attorneypages.com and check his or her record at the Michigan State Bar.


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