Christopher B. Kroll & Associates – Elder Law Solutions

Under Michigan law, funeral arrangements can be made only by the next-of-kin.  Their wishes supersede the expressed wishes of the deceased contained in the deceased’s Will or other written or oral communication.  The only exception to this is if the deceased has arranged for his body to be donated to medical science, in which case, by statute, the deceased’s wishes must be respected.  The personal representative or executor of the estate has no special authority to make funeral arrangements contrary ot the wishes of the next-of-kin.  Who is the next-of-kin?  In general, next-of-kin are determined in the following order:  spouse, children, grandchildren, parents, siblings, nieces and nephews, grandparents, aunts and uncles, and first cousins.  If there are several next-of-kin within the same degree of kinship, then most funeral directors will require that all the next-of-kin be in agreement before proceeding.  The law has no provision for “majority rule.”