HB 1410 -- Designation of Next-of-Kin for Deceased Persons

Sponsor:  Hilgemann

This bill changes the laws regarding the designation of next-of-
kin for deceased persons.  The bill:

(1)  Creates a new definition inclusive of the terms "custody,"
"control," "disposition," "final disposition," and "the right of
sepulcher" and revises the definition for a person designated as
the "next-of-kin";

(2)  Requires the designated next-of-kin to fulfill the plans for
the final disposition of a deceased person that are contained in
a prepaid burial plan or a duly executed written instrument such
as a will or trust.  Sufficient assets must exist in probate or
the trust estate of the deceased person in order to fulfill the
final disposition plans.  The plans must be consistent with
applicable laws, including applicable health codes;

(3)  Requires funeral directors or establishments to fulfill the
lawful instructions of any person claiming to be the next-of-kin
of a deceased person if a required written statement is presented
by the next-of-kin; and

(4)  Prohibits funeral directors or establishments from being
liable for civil actions resulting from complying with the lawful
instructions presented by a designated next-of-kin unless the
director or establishment had actual knowledge of fraudulent
activities conducted by the designated next-of-kin or had
information revealing the claim of the designated next-of-kin was
false.

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:15 am