Skip to main content

Is it illegal for a funeral home to post your family obituary without your permission on Face book ?

Macon, GA |
Filed under: Estate planning

My mother passed away last year . The funeral home has posted her obituary on Face book like an advertisement . I personally do not like this and the funeral home did not ask for permission from the family . I know that it is a big deal if some company uses a celebrity likeness without approval . I appreciate your help in this matter . Respectfully , Dennis

Attorney Answers 2


  1. Depending on how the funeral home is using your late mother's obituary (e.g., as an advertisement or merely as an example of its past work), you may or may not have grounds for initiating legal action. Keep in mind that if the obituary was publicly available on one or more websites, it is generally within the public domain (at least the pertinent information contained therein), and therefore, generally not subject to some type of copyright. If you believe there is a sufficient basis for which to seek the removal of it from that Facebook page, you may want to hire an attorney to draft a cease and desist letter, but other than that, there is likely nothing more that could be done, absent a showing that you and/or your family has/have actually suffered some type of cognizable damages beyond simply being annoyed or somewhat distressed. Good luck.


  2. It's tacky and descicable, but probably not illegal.

    Contact Facebook. They may remove it. Also call your local newspaper and TV station's consumer reporters. I suspect they'll jump on this. The negative publicity for this sleazy funeral director may pressure him.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

Wills and estates topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics