Can a Funeral Home Legally Hold Remains Until Payment Is Made?
Losing a loved one unexpectedly is an overwhelming and heartbreaking experience. Amidst the grief, making funeral arrangements can add significant emotional and financial stress, especially if there are no funds readily available to cover the costs. A common concern is whether a funeral home can legally hold the deceased’s remains if payment is not made. Below are some insights that may help clarify this difficult situation.
I recently came across a story on social media that truly broke my heart. Someone had just lost a family member but didn’t have the funds to cover even the most basic funeral package. They reached out for help, hoping to find a solution. Since I’d never encountered this situation before, I wanted to learn more about what options are available when families can’t afford funeral costs. Losing a loved one is already incredibly hard, and not being able to give them a proper farewell only adds to the pain. It’s truly heartbreaking.
State Burial Assistance Programs
Before making any arrangements, it’s important to check if there are any available financial resources to help cover funeral costs. Start by seeing if there is any life insurance or burial insurance that could assist. Many states also offer Burial Assistance Programs that provide financial aid to families in need.
In addition, explore whether you qualify for workplace survivor benefits, social services funds, victims’ assistance programs, or veterans’ benefits if applicable. Funeral directors are often knowledgeable about these resources and can help guide you through the application process.
If none of these options are available or sufficient, consider fundraising as a next step. Many friends, family members, and community members may be willing to contribute to help ease the financial burden during this difficult time, so don’t hesitate to reach out for support.
READ: Is it Legal to Release Balloons and Lanterns to Honor Loved Ones
Tips for Navigating Funeral Costs
Funerals.org doesn't recommend taking out a loan. "We believe that no one should go into debt to bury or cremate a loved one, and strongly advise against taking out a loan. Borrowing money to pay for funeral costs should be a last resort, only after all other avenues have been exhausted."
Affordable Funeral Options When Funds Are Limited
If you’ve exhausted all available assistance and still find yourself unable to pay, there are some more affordable alternatives to consider. Most funeral homes require payment upfront before providing services, though some may offer pre-payment plans or financing options to help spread out the cost.
One option is to donate the body to science. Medical institutions often cover the cost of cremation and will return the ashes to the family afterward. This can be a meaningful way to contribute to research while alleviating funeral expenses.
Another cost-effective choice is to have the body cremated immediately after death, bypassing a traditional funeral or burial. The ashes can then be given to the family, allowing for a private memorial at a later time when finances permit.
While these options may feel less conventional, they provide important ways to honor your loved one with dignity when funds are limited.
READ: Law Regarding Stopping for Funeral Processions
What Rights Do Families Have?
According to FuneralCompanion.com, "If you can’t afford the funeral or for some reason don’t want to take ownership of the body for cremation or burial, you can sign a release form. You would sign this form most likely with your county coroner’s office. It states that you can’t afford or are relinquishing the deceased to local authorities. Remember, after you sign this, your decision is final; the county and/or state will come up with the funds to either bury or cremate the body. You may have the option to claim the ashes for free or pay a small fee.
In some instances, people will have committed to having a funeral for the deceased. They may have given a down payment or not, but they know now, for whatever reason, that they can’t afford or don’t want to hold the funeral. The funeral home does not have many options here, and if you refuse to pay for the service, they cannot do anything but let it go or take you to court.
If the body has been cremated, a funeral home cannot withhold the cremated remains for collateral against the money that you owe. They have to release them to you. If you cannot pay or refuse to pay, you should still be given these remains. It is against the law if they do not, and you have the right to contact local authorities.
Even if you have not paid a funeral home but want to switch to another funeral home, they cannot refuse to transport the body. They legally must release the body and or move it themselves to the location of your choosing. You will be charged for all of this, and if you refuse to pay as stated, it could result in court issues later."
I hope this information helps, but I pray that none of you will ever have to go through this.
LOOK: Here are 25 ways you could start saving money today
Gallery Credit: Bethany Adams
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