I never would have thought I would be talking about this problem, but I have come across it recently. Some mortuaries and funeral homes are holding a loved one’s remains—not for safekeeping because no one claimed the remains, but because the family isn’t able to pay the balance due on the mortuary bill. For many families, it is hard to make payment arrangements for a loved one’s funeral at the time of death since assets may be tied up and cannot be accessed immediately. Sometimes, one family member can’t burden the entire cost of the funeral and have to wait for other family members to agree to chip in.
When I was attempting to research this subject online, I didn’t see any useful guides for families going through this. So I wanted to talk about it in case you or a loved one is experiencing this difficult situation. It’s bad enough that a family is grieving the loss of a loved one, much less not being able to bury that loved one.
If you or someone you know is going through this unfortunate situation in California, here is some helpful information.
The bottom line is that no funeral home or mortuary can hold a loved one’s remains as security for an unpaid bill. Under California law, it is a crime to hold human remains for an unpaid debt. California Health & Safety Code § 7053 reads:
Every person who arrests, attaches, detains, or claims to detain any human remains for any debt or demand, or upon any pretended lien or charge, or fails to release any human remains, the personal effects, or any certificate or permit required under Division 102 (commencing with Section 102100) that is in his or her possession or control forthwith upon the delivery of authorization for the release signed by the next of kin or by any person entitled to the custody of the remains, is guilty of a misdemeanor.
You should also be aware that funeral homes and mortuaries are highly regulated under Federal and State law. In California, these businesses are regulated by the California Department of Consumer Affairs, Cemetery and Funeral Bureau. A funeral home or mortuary who illegally holds someone’s remains for an unpaid bill could face disciplinary action under California Business and Professions Code § 7706, which reads:
Refusing to surrender promptly the custody of human remains, the personal effects, and any certificate or permit required under Division 102 (commencing with Section 102100) of the Health and Safety Code that is in the possession or control of the licensee upon the express order of the person lawfully entitled to custody of the human remains constitutes a ground for disciplinary action.
If you are facing this situation in California, the California Department of Consumer Affairs, Cemetery and Funeral Bureau (http://www.cfb.ca.gov/) may be able to assist you or someone you know. It has a hotline and there are links on the website to report and file a complaint against a funeral home or mortuary that may be engaged in this illegal practice.
As a final thought, stories of people going through this situation clearly point out the importance of thinking through your estate plan and addressing financing funeral arrangements. Your planning does not need to be complicated. A few details such as providing family members with a source of funds for arrangements or a modest insurance policy could avoid having your love ones scrambling to find a way to take care of your final expenses.
