Legal Question in Elder Law in Florida

legal next of kin

A funeral home in Florida requires the signature of the legal next of kin to sign the cremation authority. I am my brother's youngest brother, living in Canada. May my seriously ill brother inform the funeral home that I am his legal next of kin, and that I may sign the cremation authority by mail, i.e., without going to Florida.

Thanks,

--name removed--Lee


Asked on 9/04/07, 7:34 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: legal next of kin

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes, your brother may inform the funeral home that you are his legal next of kin if he chooses. It would seem likely that you can sign the form in Canada although it may have to be notarized or signed at a US Consulate in order to be accepted by the funeral home.

Scott R. Jay, Esq.

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Answered on 9/04/07, 10:26 am


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