Can onlya child of the deceaseddecide whether to have a viewing and funeral service?

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Can onlya child of the deceaseddecide whether to have a viewing and funeral service?

My uncle did not leave anything stating what he wanted except a cremation. However his wife passed a couple months previous to him and he had a viewing and funeral service then the cremation. Well after my uncles passing he left a strong box with information stating he wanted to be cremated; he also left and over $4,000 grand cash. My uncle’s son, who doesn’t like him, wants to just have him cremated and no viewing or service which is hurting our faimly greatly. Is there any thing the family can do to get a viewing and funeral?

Asked on September 3, 2010 under Estate Planning, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am so sorry for your loss and for your problems.  Anyone can arrange a funeral. The estate of the decedent is the one that is "technically" responsible for the payment of the funeral expenses, but the funeral home or whomever you make the arrangements with, will make you personally sign an indemnification agreement.  That means that if there is not an estate or one that is probated that whomever signs the contract for the services will have to pay for them.  I understand how distressing that this must be but maybe consider honoring your Uncle in another way.  Maybe you could have a memorial service for him to honor his memory, maybe in one of your homes so that it would be less costly than in a funeral parlor. Everyone could bring a photo to put on a board and tell a story that each of you remember about him.  And then a nice luncheon afterwards.  A Priest can be asked to attend and say a blessing.  Just a thought.  Good luck.  


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