By Ann M. Murphy

About the Article

The disposition of a decedent’s remains is a largely unregulated area. While there are federal regulations concerning the funeral industry, there are none dealing with the disposition of remains in particular. The lack of federal regulation, limited state authority on the ownership of remains, and wishes of the decedent often result in conflict. Such conflicts are often left to be resolved by courts and funeral homes. The lack of uniformity in this type of law increases in importance as the baby boom generation ages and demands creative options concerning their final resting place. In this Article, Professor Murphy explores the increasing need for certainty in this area and proposes the adoption of a uniform law patterned on one of the existing state statutory schemes.

About the Author

Ann M. Murphy is an Associate Professor of Law at Gonzaga University School of Law in Spokane, Washington. Ms. Murphy earned a J.D. from DePaul University College of Law in 1985, an M.A. in Economics and a B.A. in Law Enforcement Administration from Western Illinois University in 1980 and 1979, respectively. Ms. Murphy has also published several articles and is a contributing author to Federal Tax Practice and Procedure 2004, the Community Property Deskbook, and the Tax Aspects of Divorce, Washington Law and Practice Manual. In 2005, she was a member of the editorial board of The LexisNexis Topical Federal Tax Service. Ms. Murphy has over fifteen years of tax law experience and has taught both law and economics.

Read the Article

Click here to read the entire article.

The Elder Law Journal

Leave a Reply

Your email address will not be published. Required fields are marked *