www.OGMHognj.com
HOME SubPage - Other FAQuestions
Ocean
Grove Memorial Home
118
Main Avenue, Ocean Grove, New Jersey 07756
Thomas
J. Saragusa, Co-Owner
N. J. License No. 4036
VOICE 732-775-0434
- - OGMHognj@aol.com
Frequently Asked Questions
Q. Who is in charge of making the funeral arrangements? Is it the executor of the estate?Being named executor, in and of itself, does not necessarily confer the right to control a person’s funeral.
The individual’s spouse, or certain relatives, according to their “blood” relationship (consanguinity) to the decedent, have the legal right to determine the funeral arrangements, unless the decedent has left other written directions. (Being named in a will to handle the person’s funeral could be considered “other directions” by the court.)
However, since the executor controls the funds of an estate and the disbursement of those funds, the next-of-kin or the person appointed to make the funeral arrangements (if he is not the executor) may feel the need to confer with and allow the executor to contribute his concerns at the funeral arrangement conference.
Q. If not the executor, then who does have the legal right to make funeral arrangements for a deceased individual?
New Jersey law says that the decedent’s spouse has the primary right to control the funeral arrangements. If there is no spouse, arranging the funeral falls to the decedent’s relatives in this order:
a majority of the surviving children, or, if there are no children, then
the parent or parents of the deceased, or, if there are no parents, then
a majority of the decedent’s brothers and sisters, or, if there are no siblings, then
the next of kin, according to how closely they are related to the decedent
Note: No one listed above is required to complete the funeral arrangements. The person authorized by law to control the disposition of the body may relinquish that control to someone else who expresses interest in planning the funeral.
In reality, the person who contracts to pay for the funeral usually makes the funeral arrangements. If there is another individual with more “right” to plan the funeral, that person will usually work with, or relinquish control to the person assuming the financial responsibility.
Q. What happens (in the case of no surviving spouse) if a majority of the children of the decedent agree to pay for the funeral, but cannot agree on the details of the arrangements?
If there is no way an agreement can be reached, a court may have to appoint one of the children to be in charge of the funeral arrangements.
Here are a couple not-too-frequently-asked questions. They may as well be here because we don't know where else to post them:
Q. If I have a complaint about a New Jersey funeral home or licensed funeral director, who do I call?
First, speak personally with the senior funeral director at the funeral home about your concerns. His name should be posted on or near the sign outside the funeral establishment and he may be referred to as the Manager or Senior Director
If you are not satisfied, contact the New Jersey State Funeral Directors Association by e-mail at arbitrate@njsfda.org or phone them at 732-974-9444. If the funeral director is a member of the association and the matter is of a non-criminal nature, they will attempt to mediate a mutually satisfactory resolution of your complaint.
Else, you are advised to file a formal complaint with the New Jersey State Board of Mortuary Science. Their mailing address is P.O. Box 45009, Newark, NJ 07101. Their telephone number is 973-504-6425 and their e-mail address is AskConsumerAffairs@oag.lps.state.nj.us.
Q. What about New Jersey cemeteries? How do I file a complaint if I am unhappy with their services?
Complaints involving cemeteries should be filed with the New Jersey Cemetery Board. Their mailing address is P.O. Box 45036, Newark, NJ 07101. Their telephone number is 973-504-6553.
Re: CASKETS
Q. Is a casket/vault required by law?Many cemeteries require the use of some type of rigid container. While New Jersey law does not require that a deceased person be buried in a casket, practically speaking, transporting remains that are not enclosed in some type of container is difficult.
Regarding a vault, New Jersey does not require that caskets be placed in vaults. Cemeteries usually require them in an attempt to prevent the grounds from sinking some time in the future.
Q. Aren’t there special caskets that preserve the body after death?
No matter what the casket is made of, or how it is sealed, nature will take its course and the body will eventually decompose.
Re: Funeral Home FACILITIES
Q. Do I have to use a funeral home for the viewing?No. A viewing or visitation of a dead human body may take place anywhere that will allow it.
Re: EMBALMING AND SANITATION
Q. Is a closed-casket required for someone who was HIV positive?No. Funerals for individuals who were HIV-positive at death do not need to be any different from anyone else’s. This means that there may be a public viewing with an open casket.
Re: CREMATION
Q. How soon after death can the body be cremated?Regardless of how quickly family members may wish the decedent to be cremated, state law requires that the person must be dead for at least 24 hours before the body may be cremated.
Q. Is cremation a substitute for a funeral?
No. Cremation is simply an alternative to burial or entombment. It is a component of the funeral, which may include a viewing and or a memorial or religious service.
Q. What about cremated remains? Are there any burial restrictions?
Cremation is considered a final form of disposition, just as is ground burial. Therefore, there is little to be found in state laws regulating where cremated remains can or cannot be buried or scattered. On an individual basis, and provided that the local health department does not object, cremated remains probably can be scattered almost anywhere. But, if the scattering is to take place on property owned by someone other than yourself, you will need to get permission first. Also, if you wish to bury cremated remains in an existing grave within a cemetery, you must make arrangements with the cemetery.
Q. What about scattering cremated remains at sea?
In this instance, the U.S. Environmental Protection Agency (EPA) says that cremated remains must be scattered three nautical miles out to sea and a report filed with the EPA regional office within 30 days of the scattering. See our Burial At Sea Infosheet accessible from the InfoSheets Master Partition.
Q. If I choose cremation, do I need a casket?
A casket is not required by law for cremation. However, the crematory will probably require the body to be in some kind of container. You will need a casket if you want a viewing prior to the cremation. In this case, some funeral directors may offer you the option of renting a casket.
All questions can't be posed and answered here. Please don't hesitate to visit our List of InfoSheets Master Page which lists and links to a wide variety of pages about which you may have direct questions.
Links to SECONDARY PAGES in this Master Partition:
Contact US - Map and Directions - Facilities - Staff - History - Ownership
Links to our most frequently visited pages.
Copyright 2001 and 2002-2007 - W¶W™ - William P. Walton, III - All Rights Reserved