The following sections will explore the subject of custody of remains of deceased persons in California and potential steps that can be taken to ensure their remains are disposed of in accordance with their wishes.Ĭalifornia’s laws regarding dead bodies are not as straightforward as one might think. The time following the loss of a loved one can be delicate for everyone involved it can be made even more challenging by family disagreements about the proper disposition of remains. For instance, are they acting promptly and in accordance with the decedent’s wishes? Or, have they altogether failed to act? Once the person charged with disposing of your loved one’s remains is officially appointed, other types of issues can arise. In California, who has the rights to a dead body? What are the laws surrounding custody of remains of deceased persons? Who makes decisions about disposition of remains? What are the options for final body disposition at death? How long before burial after death? When after death can a cremation take place? When a loved one dies, the emotionally charged issue of how to handle the disposition of their remains is likely to arise. Marriage and Community/Separate Property.
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