ComplaintsforBeyers Funeral Home & Crmtry

• Initial Complaint

  07/23/2024

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Unresolved

  More info

  My friend died in ******* on August 17, 2023, I am in ********* and I received a call from the Lake County Sheriff directing me to tell them where to bring the body. I had a preplanned trip for August 21, 2023, so when I got to *******, I went to the funeral home, I presented a paper that my friend had given my name to in the event he would become incapacitated, it also showed he wanted a funeral with a casket and to be buried in the ************* in *******. I told the funeral home that *** had a next of kin, and the funeral home contacted him......I who is no relation to *** signed the cremation request, and now I am being forced to pay the bill. He was intimately buried in ******* against his written wishes. He was a disabled honorably discharged US Veteran with a purple heart, and his next of kin is the only person able to collect his VA benefit, I am asking that I pay $1762 which is the cremation cost minus the $893 the VA will pay to his next of kin. Seriously the entire thing makes me sick. I have spoken to the **************** in *********, and they will have his remains moved to **** where he wanted them to be.

  Business response

  08/08/2024

  The individual associated with this complaint was given and accepted permission from the next of kin to handle the cremation. They agreed to and signed a contract for services providing for the cremation and placement of the cremated remains at ************************* in ********, ** as directed by the next of kin.  We are unable to issue a credit on the account or make accommodation as the VA will not reimburse the funeral home directly and the services performed and provided were agreed to in writing and by execution of contract.
  

  Customer response

  08/13/2024

   
  Complaint: 22034445
  
  I am rejecting this response because: In ******* I would have to be listed as a legal authority, there would have to be a form with my name written on it, which there is not, I am no relation to ***** Story, I am not a legal authority I have no legal authority and the form was signed at the funeral home without me being told my legal rights. 
  
  Sincerely,
  
  *********************************

  Customer response

  08/13/2024

  Authorization and Direction to Make Funeral Arrangements and Dispose of Cremated Remains
  
  Updated January, 2018
  by E. ***********************, Esq. ****** you think that your Personal Representative named in your Will is in charge of your funeral arrangements and the disposition of your body in *******, you are wrong. Florida has two statutes governing this topic, Section 497.005(43), which deals with funeral arrangements, and Section *******, which deals with disposition of your cremated remains.
  Section 497.005(43), which provides Definitions for Chapter of the Florida Statute which regulates Funeral, Cemetery and ****************** provides the following:
  Legally authorized person means, in the priority listed:
  (a) The decedent, when written inter vivos authorizations and directions are provided by the decedent;
  (b) The person designated by the decedent as authorized to direct disposition pursuant to Pub. L. No. *******, s. 564, as listed on the decedents United States Department of Defense Record of *************** DD Form 93, or its successor form, if the decedent died while in military service as described in 10 U.S.C. s. 1481(a)(1)-(8) in any branch of the United States Armed Forces, United States Reserve Forces, or National Guard;
  (c) The surviving spouse, unless the spouse has been arrested for committing against the deceased an act of domestic violence as defined in s. ****** that resulted in or contributed to the death of the deceased;
  (d) A son or daughter who is 18 years of age or older;
  (e) A parent;
  (f) A brother or sister who is 18 years of age or older;
  (g) A grandchild who is 18 years of age or older;
  (h) A grandparent; or
  (i) Any person in the next degree of kinship.
  In addition, the term may include, if no family member exists or is available, the guardian of the dead person at the time of death; the personal representative of the deceased; the attorney in fact of the dead person at the time of death; the health surrogate of the dead person at the time of death; a public health officer; the medical examiner, county commission, or administrator acting under part II of chapter 406 or other public administrator; a representative of a nursing home or other health care institution in charge of final disposition; or a friend or other person not listed in this subsection who is willing to assume the responsibility as the legally authorized person. Where there is a person in any priority class listed in this subsection, the funeral establishment shall rely upon the authorization of any one legally authorized person of that class if that person represents that she or he is not aware of any objection to the cremation of the deceaseds human remains by others in the same class of the person making the representation or of any person in a higher priority class.
  Section ******* provides the following:
  Cremation; procedure required.
  (1) At the time of the arrangement for a cremation performed by any person licensed pursuant to this chapter, the legally authorized person contracting for cremation services shall be required to designate her or his intentions with respect to disposition of the cremated remains of the deceased in a signed declaration of intent which shall be provided by and retained by the funeral or direct disposal establishment. A cremation may not be performed until a legally authorized person gives written authorization, which may include the declaration of intent to dispose of the cremated remains, for such cremation. The cremation must be performed within 48 hours after a specified time which has been agreed to in writing by the person authorizing the cremation.
  (2) Cremated remains are not property, as defined in s. 731.201(32), and are not subject to partition for purposes of distribution under s. *******. A division of cremated remains requires the consent of the legally authorized person who approved the cremation or, if the legally authorized person is the decedent, the next legally authorized person pursuant to s. 497.005(43). A dispute regarding the division of cremated remains shall be resolved by a court of competent jurisdiction.

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