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How do I find what happened to the remains of a homeless…

Customer Question
How do I find...

How do I find what happened to the remains of a homeless person who's body has been donated per; Oregon statute

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Eugene,Oregon

Lawyer's Assistant: Has anything been filed or reported?

Yes, Have contacted Musgrove's Mortuary and only reponse ,has been donated per Oregon law

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just want to receive Ashes as he has no next of kin

Submitted: 7 months ago.Category: Estate Law
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12/29/2017
Estate Lawyer: Attorney2, Attorney replied 7 months ago
Attorney2
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Category: Estate Law
Satisfied Customers: 9,015
Experience: 30 Years in General Practice and Estate Planning
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Estate Lawyer: Attorney2, Attorney replied 7 months ago

ORS 97.170¹

"Disposition of unclaimed body of deceased person

(1) As used in this section, "indigent person" means a deceased person who does not have a death or final expense benefit or insurance policy that pays for disposition of the deceased person’s body or other means to pay for disposition of the deceased person’s body and:

(a)Who does not have a relative or other person with the legal right to direct and the means to pay for disposition of the deceased person’s body;

(b)Whose relative, or other person, with the legal right to direct the disposition of the deceased person’s body does not pay or arrange to pay for, or refuses to direct, the disposition of the deceased person’s body within 10 days of being notified of the death; or

(c) For whom no person other than a person described in paragraph (a) or (b) of this subsection wishes to direct and pay for the disposition of the deceased person’s body.

(2)The State Mortuary and Cemetery Board shall maintain a list of institutions that may accept or process bodies for education or research purposes.

(3)(a) A funeral establishment licensed under ORS 692.146 (Application for funeral establishment or immediate disposition company license) that takes custody of the unclaimed body of a deceased person shall, within five days after taking custody of the body:

(A) Submit a report of death under ORS 432.133 (Mandatory submission and registration of reports of death);

(B) Obtain all contact information known to the medical examiner, a health care facility or law enforcement regarding persons listed in ORS 97.130 (Right to control disposition of remains);

(C) Attempt to locate and notify the persons listed in ORS 97.130 (Right to control disposition of remains);

(D) Arrange with any person listed in ORS 97.130 (Right to control disposition of remains) who will pay the expenses to make disposition of the body;

(E) If no person listed in ORS 97.130 (Right to control disposition of remains) can be located to pay the expenses to make disposition of the body, arrange with a person or institution not listed in ORS 97.130 (Right to control disposition of remains) that will pay the expenses to make disposition of the body;

(F) Determine whether the Department of State Lands or other person is appointed as the personal representative of the deceased person pursuant to ORS 113.085 (Preference in appointing personal representative); and

(G) Contact the Department of Veterans’ Affairs to determine whether the decedent is eligible for any state or federal benefits.

(b) If no one claims the body within 10 days after the funeral establishment takes custody of the body, or if the persons notified acquiesce, or if the decedent is not eligible for any benefits described in paragraph (a)(G) of this subsection, the funeral establishment may transfer the body to an institution on the list of institutions described in subsection (2) of this section that desires the body for education or research purposes.

(c) If no person or institution claims the body as provided in paragraphs (a) and (b) of this subsection, the funeral establishment may cremate or bury the body without the consent of persons listed in ORS 97.130 (Right to control disposition of remains) and is indemnified from any liability arising from having made such disposition. The method of disposition must be in the least costly and most environmentally sound manner that complies with law, and that does not conflict with known wishes of the deceased. If the deceased person is an indigent person, the board shall reimburse the funeral establishment for the costs of disposition under subsection (5) of this section.

(4) If the deceased person is a child over whom the Department of Human Services held guardianship at the time of death, the department shall promptly attempt to locate and notify the relatives of the deceased child or any other person who has an interest in the deceased child and shall arrange with any person who will pay the expenses to make disposition of the body. If no relatives or interested persons claim the body, the department may transfer the body to an institution that is on the list maintained by the board under subsection (2) of this section that desires the body for education or research purposes, or may authorize burial or cremation of the body. The department shall pay expenses related to burial or cremation authorized by the department under this subsection.

(5) Upon receipt of a qualifying statement as required by the board by rule that the deceased person is an indigent person, the board shall reimburse a funeral establishment the reasonable costs for disposition of the body of any unclaimed deceased indigent person. The method of disposition must be in the least costly and most environmentally sound manner that complies with law. The board shall adopt rules establishing the requirements and process for reimbursement and setting the amount that may be reimbursed to a funeral establishment under this subsection. [Amended by 1973 c.842 §1; 1985 c.704 §1; 1993 c.345 §4; 1995 c.162 §62; 2009 c.709 §8; 2015 c.651 §1]" https://www.oregonlaws.org/ors/97.170

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Estate Lawyer: Attorney2, Attorney replied 7 months ago

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Can you see the rating scale on your end, 5 stars?

Thank you for your consideration.

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Estate Lawyer: Attorney2, Attorney replied 7 months ago

Do you have any additional questions for me? It would be my pleasure to continue to assist you. I would be happy to answer any follow up questions that you may have for me.

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