The death of a loved one can be a trying time for any family when it involves making funeral arrangements while going through the grieving process. This can be simple under certain circumstances, as is the case when the decedent had the foresight to set forth specific procedures for the disposition of remains through a testamentary instrument. However, where there is no testamentary instrument and there are conflicting opinions as to the means and manner of disposition of remains, the process can become murky and contentious, leading to litigation. This article explores various court opinions that addressed the disposition of remains where there was a disagreement between two next-of-kin of equal statutory standing, and what trusts and estates attorneys can learn from them to resolve future disputes of this nature.

The New Jersey Cemetery Act, N.J.S.A. 45:27-22, the guiding statute on the subject, provides that: