- July 12, 2023
- In lawsuit
When a loved one passes, you may have a number of questions and concerns about the funeral and burial process. Specifically, you may be wondering about the rights that you and your family have when dealing with a funeral home. It is important to remember that funeral homes are businesses and are bound to the terms and conditions of the contract that they have with loved ones of the deceased. Still, even when there is a contract in place, you may have questions about funeral homes and how best to deal with them.
At the Law Offices of Samer Habbas & Associates, PC, our attorneys understand how difficult the time following the death of your loved one can be, and we are here to provide you with legal guidance and support. To schedule a free consultation, reach out to us today by calling 949-727-9300 or contact us online.
What Does The Law Say?
Funeral homes are required to abide by the laws and regulations set by the state where they operate. What this means is that depending on where a funeral home is located, there may be different rules and regulations controlling how it must conduct business. For example, in California, the law says that the body of a deceased person cannot be embalmed unless there is expressed permission from an authorized family or loved one to make this effort. Each state generally has a designated government agency that is in charge of regulating and enforcing the laws that control its funeral homes and cemeteries.
What Does A Contract Say?
When a funeral home is hired, someone who is authorized to make decisions concerning the body is generally required to sign a contract provided by the business. This person is usually listed in the will or appointed by the court. The contract in question should detail the services to be provided by the funeral home and the fee that the funeral home is to be paid for its services. The contract should also indicate the rights that family and loved ones have concerning the funeral and burial of the deceased. As contracts of this nature are generally crafted by each business and their terms may vary significantly, it is generally a good idea to have an attorney look over the terms of an agreement before anyone in your family signs one.
If you are unsure of your rights concerning the funeral and burial process, it is important that you ask questions. Leading up to signing a contract with the funeral home, you will have an opportunity to fully go over the terms and conditions included in the contract. Remember, you are not required to sign anything that you are not comfortable with or that you don’t understand. Most funeral homes will be happy to go over the entire funeral and burial process and explain your family’s rights and responsibilities accordingly. Any funeral home that refuses to do this, or makes you feel as though you have no rights should be avoided.
Orange County Funeral Attorneys
The dedicated and compassionate lawyers at Law Offices of Samer Habbas & Associates, PC, are here to answer any questions you may have about your rights when dealing with funeral homes. Our trained and experienced attorneys know how to draft and analyze contracts that will provide you with the peace of mind you seek while you lay your loved one to rest. We pride ourselves in putting our client’s needs first, and will do all that we can to see that your rights are protected. To schedule a free consultation, reach out to us today by calling 949-727-9300 or contact us online. We look forward to speaking with you.
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