Parents' Fight Over Deceased Child's Remains, Personal Effects Leads to New Guidance on Intestate Estates
"We initially note that the proceedings involved in this appeal should have been filed and heard in the Probate Part, not the Family Part," the judge wrote. "Excepting for the application to terminate child support and medical insurance coverage, the Family Part lacked jurisdiction to hear the applications filed after Hendrix's death."
January 06, 2023 at 11:09 AM
7 minute read
Richard J. Hughes Justice Complex in Trenton, New Jersey. Credit: Google In a published opinion, the New Jersey Appellate Division provided guidance on cases in which funeral arrangements or disposition of remains are contested and held that such complaints should be brought in the Probate Part, rather than by application in the Family Part.
Plaintiff Richard Freedman II appealed two orders issued by the Family Part regarding the disposition of his adult son's cremation remains and personal property, according to the opinion. The first order was for scheduling of a plenary hearing. The second was an order that stated those decisions should be controlled by the son's mother, Colleen Freedman, because she had the closer relationship with their son.
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