St Louis, MO asked in Gov & Administrative Law for California

Q: Will I be held liable for cremation costs of my brother's death if I'm his only surviving relative

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, if you are the only surviving relative of your brother, you may be responsible for paying for his final arrangements, including cremation costs. California law requires that the person who assumes control of the remains of a deceased individual is responsible for paying for the costs of final arrangements, unless the deceased individual has made other arrangements or has pre-paid for those costs.

If your brother did not have any pre-existing arrangements for his final arrangements, then you may need to make those arrangements and pay for them. If you are unable to pay for the costs of cremation, you may be able to apply for assistance from the California Department of Health Care Services or other state or local agencies that provide assistance for indigent individuals.

It is important to note that if you assume control of your brother's remains, you may also be responsible for making decisions about the disposition of his remains, such as choosing a cremation provider or deciding where to scatter his ashes. If you are unsure about your legal obligations or have questions about the process of making final arrangements for your brother, it is recommended that you consult with a qualified attorney or other legal professional who can provide guidance and advice specific to your situation.

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