What If You Can't Agree?

What if You Can't Agree-9-20-19

If you share the primary right to control the funeral with other family members (such as siblings, spouses, parents, etc.) but cannot agree, you may seek a court order that puts you in control.

To do this, ask your attorney to file an expedited order to show cause on your behalf in New Jersey Superior Court, Chancery Division. The attorney should call the county court to verify where to file.  

If you do not have an attorney, try to find a local attorney who is familiar with the Control of Funeral, Disposition of Remains statute N.J.S.A. 45:27-22. A decision by the court may reached in a few days. However, any opposition will delay the process.

Once secured, the court order granting the right to control disposition will supersede the rights of all others, including those of the spouse, parents, brothers, sisters or any other relatives of the decedent not named in the court order. The order will also supersede the rights of a funeral agent named in the will or identified on a form approved by the New Jersey Cemetery Board and previously executed by the decedent.