Part 1 of the discussion of this topic reviewed a series of letters that were published in the Dear Abby column starting in May, 2001 that dealt with how the letter writers were dealing with the disposition of their own cremated remains or the cremated remains of other. Unfortunately, these letters and sometimes the response by the columnist illustrated misinformation and possible even actions that might be in violation of state and federal laws and regulations.

What Legal And Other Problems Were Created By These Letters?

  The legal problems created by these letters were:

1.  Misinformation about cremation is being widely circulated.

2.  State Laws may be violated.

3.  Federal and state park rules might be violated.

4.  Cemetery Rules and Regulations are violated.

5.  The legal rights of the deceased first wife might be violated.

6.  The legal rights of survivors may be violated.

7.  The legal rights of third persons may be violated.

What Is the Misinformation About Cremation?

  Members of the industry know the remains of a human body that has been cremated are not ashes. Cremated remains are bone fragments and if not mechanically reduced can be too large to scatter. Cremated remains do not immediately dissolve, so if scattered they may be noticeable for a long time. Unfortunately, the movies and media have misused the term “ashes” for many years, not realizing the problems it causes survivors who attempt to scatter the cremated remains in the manner often depicted.

  The industry uses the term “cremated remains.” It is probable that the industry will never be successful in convincing the public to use that term instead of the term ashes. However, it is important that the media begins to understand that there is a difference between what people commonly think are ashes and the term “ashes” used by the media for cremated remains. Until this is accomplished, the public will continue to dispose of cremated remains in an improper manner.

What Are the State Laws That Might Be Violated?

  The scattering that was done by the letter writers probably violated state laws. While it is permissible in all states to scatter cremated remains there are legal limits and requirements. No state permits cremated remains to be scattered on private property without the consent of the property owner. There usually are prohibitions and restrictions on scattering cremated remains on public property.

  Many states also have laws prohibiting vandalism or desecrating cemeteries. The scattering of cremated remains over a burial space could constitute a violation of these laws. Several years ago, visiting children at a cemetery in Chicago discover bone fragments on their mother’s burial space. A complaint was filed with the state against the cemetery because they thought the cemetery had buried their mother in a space that was already used. These allegations were also reported to the media and became part of an alleged cemetery scandal. When it turned out that someone had scattered cremated remains illegally, the matter was resolved. Unfortunately the cemetery incurred substantial expenses and was exposed to bad publicity as a result of the complaint.

What Are the Federal and State Park Rules That Might Be Violated?

  Some of the federal parks and state park systems have specific rules; permit requirements and sometimes location limitations for scattering. Many cemeteries also have rules and regulations prohibiting the scattering of cremated remains except in certain designated areas. The advice columnist should have indicated that anyone scattering cremated remains should check the requirements of a park, other public areas or obtain the consent of a private property owner before scattering.

What Cemetery Rules and Regulations Could Be Violated?

  All cemeteries have some rules and regulations. Some cemeteries have very detailed rules and regulations dealing with the types of memorials and monuments permitted in the cemetery. Typically, these rules and regulations cover the location of the memorial or monument on an interment space. Adding a memorial for the cremated remains of a second spouse on the grave spaces where the first spouse is buried also has legal implications. See the discussion on the rights of deceased persons below.

  Some cemeteries have rules restricting the interment of cremated remains on an interment space. Usually, only the cremated remains of one person can be interred in a burial space where a body is interred.

What Are the Rights of a Deceased Person That Might Be Violated?

  When the deceased spouse originally acquired burial spaces with their spouse, there was an expectation that they would be buried in the manner selected. If a companion memorial was purchased and installed when the first spouse died, then changing the arrangement may require the legal consent of all survivors. In addition, most cemeteries have rules and regulations dealing with burial of cremated remains and proper memorials.

  The letter published on May 7, 2001 indicated that a companion memorial was purchased with the inscription “Together Forever.” It is probable that the first wife was not thinking about a threesome when she selected that inscription and made those arrangements. There is no indication in the letter that the cemetery had been contacted. If the cemetery had rules and regulations prohibiting the interment of cremated remains in an occupied space then the letter writer’s plans would have to be changed. Other complications could occur if the letter writer predeceased the husband.

  The advice given did indicate the surviving child should be consulted, but it did not include any of the other issues to consider.

What Are the Rights of Survivors That Might Be Violated?

  Survivors’ rights concerning changing cemetery arrangements and memorials after the death of the first spouse were discussed previously. Survivors also may have rights concerning the disposition of cremated remains. When separating cremated remains make sure that everyone agrees with the plan. The individuals that have the legal right to authorize a cremation usually have the right to determine the disposition of the cremated remains. Also, make sure that those individuals that take some of the cremated remains intend to treat them in a respectful manner. The decisions in a series of cases reviewed in this column several years ago involving Howard Stern’s mishandling of the cremated remains illustrates the lack of respect that could occur when there are no limitations.

What Rights of Third Parties Might Be Violated?

  One of the letter writers indicated that she scattered part of her father’s cremated remains on the property of exotic car dealers in the area. The letter does not indicate if the daughter obtained the permission of the dealers to scatter cremated remains on their property. The scattering of cremated remains on private property without consent probably constitutes a trespassing on private property. It is against the law in every state to trespass on private property. Unfortunately, there was no mention in the advice column that it might be necessary to obtain the consent of a private property owner before scattering cremated remains on the property.

Conclusion

  While there is no guarantee that the media will correct a problem, it does not hurt to try. If the matter is handled in a respectful manner, there is a good possibility that the correct information will be published. Often at the very worse you may establish a contact with the media that could prove useful in the future.

  This article is for the information of subscribers and does not constitute legal advice about this subject. All subscribers should accordingly consult with their own attorney to make sure they are in compliance with the laws in their state.