What if You Can't Agree?

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 can file in the county where the funeral home is located, where the deceased lived, where the deceased died, or where you live.  

If you do not have an attorney, try to find a local attorney who is familiar with the control of disposition statute N.J.S.A. 45:27-22. A decision should be reached in a few days. Any opposition will delay the process.

Once secured, your court ordered right to control disposition will supersede the rights of all others, including those of your spouse, parents, brothers, sisters or any other relatives of your deceased parent, even another funeral agent, if so named in the Will.