QUESTION
what type of lawyer do we need? How or what suit do we use to pursue her? Can we pursue the funeral director as well for mishandling our father's body
Asked on Oct 25th, 2016 on Litigation - Florida
More details to this question:
We are in a pursuit to open a case to bring some type of resolution for our father's passing. He passed away on 11/2015 in FL. When we heard we tried to plan a funeral but was delayed for six months when they stated he was married. Not long after we've asked for documentation or any kind of proof that he was married; none was provided to date. We reached out to the funeral director who then spoke with the wife's family asking for proof of the marriage; they informed they were going to provide (which we have in recording); they later evaded even after we promised to pay for half for a proper burial opposed to cremated him like they wanted to. We also said we'll pay the whole cost if we can get physical proof. March of 2016. She soon disappeared not fulfilling any arrangements. She went to his resident taking items of sentimental value as well change the locks. Months later the funeral director called us to tell us when could've said something much sooner. Please help us!
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
Funeral home is not responsible for probate issues or the actions of a "common law" wife or girlfriend falsely claiming to be lawful wife. There is likely no legal action against funeral home when there is a dispute over who has legal rights to make funeral arrangements and pay for them, etc. unless there is a clear issue wherethey acted improperly. As to suing the g/f for damages this can be done, but again, this would require a probate and actin taken by the personal representative appointed by the court.
Answered on Oct 27th, 2016 at 12:49 PM
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