§ 38-1425 — Deceased persons; funeral and disposition arrangements; liability

Nebraska § 38-1425

• Jurisdiction: Nebraska
• Ch. 38: Health Occupations and Professions

Text

(1)
Any person signing a funeral service agreement, a cremation authorization
form, or any other authorization for disposition shall be deemed to warrant
the truthfulness of any facts set forth in such agreement, form, or authorization,
including the identity of the decedent whose remains are to be buried, cremated,
or otherwise disposed of and the person's right of disposition. A funeral
establishment, cemetery, or crematory authority shall have the right to rely
on such agreement, form, or authorization and shall have the authority to
carry out the instructions of the person or persons whom the funeral establishment,
cemetery, or crematory authority reasonably believes holds the right of disposition.
No funeral establishment, cemetery, or crematory authority shall have the
responsibility to contact or to independently investigate the existence of
any next-of-kin or relative of the decedent. If there is more than one person
in a class equal in priority and the funeral establishment, cemetery, or crematory
authority has no knowledge of any objection by other members of such class,
the funeral establishment, cemetery, or crematory authority shall be entitled
to rely on and act according to the instructions of the first such person
in the class to make funeral and disposition arrangements so long as no other
person in such class provides written notice of his or her objections to the
funeral establishment, cemetery, or crematory authority, as the case may be.
(2) The liability for
the reasonable cost of the final disposition of the remains of the decedent
devolves jointly and severally upon all kin of the decedent in the same degree
of kindred into which the right of disposition fell and upon the estate of
the decedent and, in cases where a county board has the right to control disposition
of the remains under subdivision (2)(j) of section 30-2223 , upon the county
in which the death occurred from funds available for such purpose.
(3) If the decedent died during
active military service, as provided in 10 U.S.C. 1481 (a)(1) through (8),
in any branch of the United States armed forces, United States reserve forces,
or national guard, the person authorized by the decedent to direct disposition
pursuant to section 564 of Public Law 109-163, as listed on the decedent's
United States Department of Defense record of emergency data, DD Form 93,
or its successor form, shall take priority over all other persons described
in section 30-2223 .

Legislative History

Source: Laws 1959, c. 325, § 1, p. 1186; Laws 1959, c. 326, § 1, p. 1189; Laws 1998, LB 1354, § 7; Laws 1999, LB 46, § 5; Laws 2003, LB 95, § 36; R.S.1943, (2003), § 71-1339; Laws 2007, LB463, § 561; Laws 2013, LB420, § 1; Laws 2014, LB998, § 9. Annotations: When a plaintiff alleges only that he is the son of the decedent and that the decedent was survived by his wife, he has no right to control the disposition of the decedent's remains. Heitzman v. Thompson, 270 Neb. 600, 705 N.W.2d 426 (2005).