Q: My bestfriend recently just transition and has an estranged wife who claimed his wallet but refusing family
Right 2 claim body we just want to lay him to rest
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- Nevada
- (702) 979-1455
- View Profile
- Answered
A:
I'm so sorry for your loss. This is an incredibly difficult situation, and I want to help guide you in the right direction.
Legal Considerations for Claiming the Body
In most states, including Nevada, the next of kin has the legal right to claim and make decisions about the deceased's remains. However, if your best friend was still legally married, even if estranged, their spouse is often considered the primary next of kin with the legal right to make those decisions—unless there is a will, advance directive, or specific legal paperwork stating otherwise.
Steps You Can Take:
Check for a Will or Legal Directives
If your best friend had a will, healthcare directive, or any legal document specifying funeral wishes, this could override the spouse’s claim.
If the family can find a power of attorney or written instructions regarding funeral arrangements, this could help.
Challenge the Estranged Spouse’s Authority
If the spouse is refusing to allow the family to claim the body, the family may be able to petition the court to request legal authority to handle the arrangements.
Courts may consider factors like estrangement, abandonment, or the deceased’s actual wishes.
In some cases, the funeral home or coroner may require the spouse to prove they have the right to make decisions.
Speak with a Probate or Family Law Attorney
A licensed attorney in Nevada can help the family petition for rights over the remains.
They can also check if there are any legal documents that support the family's claim.
Negotiate with the Spouse (if possible)
If open to discussion, the spouse may agree to a compromise (such as allowing the family to hold a separate service).
If the spouse is acting out of spite, legal action may be necessary.
Contact the Funeral Home or Coroner
The coroner or funeral home may have policies regarding next of kin disputes.
If legal action is pending, they might put a hold on the body until a decision is made.
Seeking Legal Help in Nevada
Nevada Legal Services (https://nlslaw.net)
State Bar of Nevada Lawyer Referral Service (https://nvbar.org)
LGBTQ+ Legal Advocates (Lambda Legal) (https://www.lambdalegal.org)
Since this situation involves family rights, LGBTQ+ legal concerns, and next of kin laws, speaking with a probate or family law attorney as soon as possible is crucial. If you’d like help finding a specific attorney or resource, let me know.
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