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Mortuary Regulations - 12/5/2013 2:01:50 PM

hlen5

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Does anyone know what laws there are about how long a mortuary is obligated to keep cremains? I imagine it might vary from state to state, but I'm wondering about Minnesota laws.

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RE: Mortuary Regulations - 12/5/2013 2:06:15 PM

Spiritedsub2

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I don't know myself, but I'll bet a quick call to this place will answer your question:

http://www.mnfuneral.org/i4a/pages/index.cfm?pageid=3295

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RE: Mortuary Regulations - 12/5/2013 2:07:23 PM

mnottertail

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I had no idea you were in Minnesota, that is statute 149A or somewhere in there.

https://www.revisor.mn.gov/statutes/?id=149a

looks like this is the gig:

Subd. 19.Unclaimed cremated remains.
If, after 30 calendar days following the inurnment, the cremated remains are not claimed or disposed of according to the written authorization to cremate, the crematory or funeral establishment shall give written notice, by certified mail, to the person with the legal right to control the final disposition or a legal designee, that the cremated remains are unclaimed and requesting further release directions. Should the cremated remains be unclaimed 120 calendar days following the mailing of the written notification, the crematory or funeral establishment may dispose of the cremated remains in any lawful manner deemed appropriate.

< Message edited by mnottertail -- 12/5/2013 2:10:50 PM >

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RE: Mortuary Regulations - 12/5/2013 2:30:30 PM

hlen5

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I'm not, but an aunt's cremains are. We were unaware she had died. Our family was contacted because her only child had died in Oct and we were the closest relatives they found to decide what to do with him. My aunt and Mom were estranged.

I've gotten conflicting stories about what was paid for. A MN state official told me that the son had claimed the remains, but the officiating funeral home states that they have her remains and would send them to us if paid. I'm trying to figure out the right thing to do without getting scammed.

ETA: Thanks for the link. I had looked on there before I posted and couldn't find the maximum length of time mortuaries are required to hold the cremains.

< Message edited by hlen5 -- 12/5/2013 2:34:43 PM >

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RE: Mortuary Regulations - 12/5/2013 3:53:37 PM

DesFIP

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Who is the executor of the aunt's and your cousin's estates now? Someone may need to apply to the court for executorship in order to get copies of bank statements to see if they were paid or not.

If the cost of that is higher than the cost claimed by the crematorium, it might be easier to simply pay the bill. If there is any monies or assets though, you might want to seek to be named the executor in order to prevent the courts using all the money up. Probate courts are notorious for appointing lawyers who extend the term of executor in order to keep charging the estate.

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RE: Mortuary Regulations - 12/6/2013 12:11:48 AM

hlen5

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I don't think there is any money to be had. I'm just trying to get my aunt laid to rest.

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