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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2982
Experience:  Litigation Attorney with education focus on estate planning and tax
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New York is the state involved

Customer Question

New York is the state involved
Submitted: 2 years ago.
Category: Estate Law
Expert:  Christopher B, Esq replied 2 years ago.
Here is the relevant statute for New York:
§ 4213. Cadavers; delivery to relatives or friends
1. In the counties of Oneida, Onondaga, Oswego, Madison and Cortland, a friend who claims the body of a deceased person for interment or other disposition may be required by the person having lawful possession, charge, custody or control of it to present an affidavit stating (a) that such claimant is a friend; (b) the facts and circumstances upon which the claim that he is such friend is based; and (c), that he will bear the expense of such interment or other lawful disposition. If such claimant shall refuse to make such affidavit the body shall not be delivered to him but he shall forfeit his claim and right to same. The expense of such affidavit, if required, shall be paid by the person requiring the affidavit.
2. If the body of a deceased person is claimed for interment or other lawful disposition by a relative and in the counties of Oneida, Onondaga, Oswego, Madison and Cortland a relative or friend after delivery or release to, and receipt by a university, college, school or institute, same shall be given up and released to such relative or friend.
Basically you need to present an affidavit stating (a) that such claimant is a friend; (b) the facts and circumstances upon which the claim that he is such friend is based; and (c), that he will bear the expense of such interment or other lawful disposition.
So if you are not a friend the answer is no you can't do this according to New York State law.
Please let me know if you have any further questions and please rate my answer.
Expert:  Christopher B, Esq replied 2 years ago.
I see you have reviewed my answer, please let me know if I can do anything further. Please positively rate my answer as it is the only way I will be compensated.

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