I was the administrator of my brother and his care giver, however he died and I had the funeral home to come and pick up the body that same day. That afternoon we visited the funeral home to make arrangement. We talk to the funeral director and she told us the body was on it way and when my daughter get back with the body she will pill out the paper work. The arrangement was make, the time and the amount agreed but not the authority to cremate the body. I went out and brought underwear and a suit and tie for the funeral. I told her I will have the program done. Everything was set funeral but the cremation. The next day around 2 pm we look on there obituary site and all the arrangements had been change even the picture I gave for there website. All this was done without notifying me. I have seven other sibling and one them I was told came in with some signatures and said this is what we want done. The cost had double and they bill it all to me. Also, they put in their program for two funeral arrangements. When I question the funeral home all they could say was the family took other the arrangement and they didn't have notify me. This is just a little bit of what happen?
This is a very sad situation, and I know it must be quite grievous to have to think about this on top of losing your brother. I strongly suggest your speaking with a civil litigator to unpack the facts a little further; you did a good job in providing key details, but as you yourself suggested, there are probably other facts and angles to the story that might bear upon whether a viable claim against the funeral home can be asserted. If the funeral home personnel in good faith believed that the other family members were authorized to make arrangements with them, and there were facts upon which the funeral home staff could have reasonably believed that the relatives were authorized, there may be no case here, but a genuine misunderstanding on both sides. However, if this was not the case, and you were in contractual privity with the funeral home as the decedent's sibling, it is possible that claims could be brought. This will require very detailed, fact-specific discussion with counsel, so I recommend your scheduling a consultation at your next convenience. If needed, use Avvo's "Find a Lawyer" feature to find a good local lawyer. God bless you and your family during your time of grief. I know that this particular situation must be very hard to bear.
Attorney Robinson's advice is a s good as gold and I agree there are more facts which must be considered. It seems, from what you write, that cremation was always a goal but there was to be a viewing before the cremation. If that is the case your damages are nominal and your case would not be worth pursuing even though there may not have been proper authorization. I am sorry for whatever emotional trauma you have suffered and I wish you well. Please do meet with a local attorney.
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