Asked in Libel & Slander for Tennessee

Q: My daughter passed away,I wrote the obituary the one I wrote was not what was published,the funeral home changed it.

I called the newspaper I had them change it,I found out a few days ago my ex sister inlaw had called and had it changed, I'm listed as birth mother and her mother, her and the funeral person are friends. I signed all paperwork and I paid for cremation. The ex sister in law has no legal rights over my deceased daughter. The funeral director did this because they were friends, I want this correct and don't care if it's been almost 2 years, I'll put the funeral home on a public forum if I have to.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Knoxville, TN
  • Licensed in Tennessee

A: If you threaten a libel action in TN, you must give them a chance to publish the correct written statement. Politely in writing demand that the correct Obituary be published, otherwise a libel suit will be filed. I doubt you have enough damages to sue, but make the demand anyway. If you ordered and paid for the Obituary, then you can also sue for breach of contract. General Sessions Court might fit this Case well. But you could go to Circuit Court and demand a jury.

Tim Akpinar agrees with this answer

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