If a family friend dies in another state, can their body be transported to my state to be buried? How can this happen legally?

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If a family friend dies in another state, can their body be transported to my state to be buried? How can this happen legally?

The deceased has been separated from their partner for 11 years, but they never
actually got divorced. Does the family have rights to the body or does the widow?

Asked on November 11, 2016 under Estate Planning, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The widow would have the rights, since regardless of living or domestic arrangments, if they never divorced, she was still his lawfully married spouse at the time of his death. She could give up her rights if she wanted, but that would be her choice.


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