Setup: I’m appreciative of the posts regarding the 2nd rite of interment, it has helped me understand the request I received from the surviving siblings of my deceased father and their plans to bury the ash remains of my Uncle with him. Yet after reading several posts none really fit my exact situation and that’s where I hope your guidance comes into play. I have no immediate objections to their request, however I can’t help but think of the children of my uncle whom until only recently we’re estranged.
Question: Do the children of my uncle have any say in what happens to their fathers remains when that time comes? As you can tell, the siblings of my Uncle have already started planning and to my knowledge have not considered the wishes of their niece and nephew. I’m looking to avoid any last minute conflicts and I’m just looking for some heads up on what to expect and plan appropriately.
I do plan on contacting the cemetery for their 2nd rite rules but before I reach out to the children of my uncle I want to better understand what their legal rights if any apply here.
Regarding your question about the children of your uncle having a say in what happens to their father’s remains – it depends. Are these children adults? If so, quite often but not always the “order” of the next of kin would have the adult children of the deceased ahead of the siblings of the deceased.
However, this can vary by state, so we definitely recommend that you check for your state’s specific laws regarding legal next of kin. This would be the state where your uncle lives. Once you get clarity on that, then you are correct in speaking to the cemetery about their requirements for the 2nd Right of Interment.
Ah – yes, I failed to specify the next of kin are adults and this is all taking place in California. I also didn’t mention it can be assumed my uncle, who is in his mid 60’s, who has been without shelter for all of his adult life and who has become more and more difficult to track down, who will pass intestate, knows nothing of this plan.