Section 290:22 – Authority of Personal Representative.
290:22 Authority of Personal Representative. – The personal representative of the estate of the subject does not, by virtue of being the personal representative, have a greater right to custody and control than the person would otherwise have. Source. 1996, 283:18, eff. Jan. 1, 1997.
Section 290:23 – Immunity.
290:23 Immunity. – A party who, in good faith, acts upon the instructions of the party having custody and control is not liable for having carried out those instructions. Source. 1996, 283:18, eff. Jan. 1, 1997.
Section 290:24 – Ownership of Cemetery Plots or Burial Spaces.
290:24 Ownership of Cemetery Plots or Burial Spaces. – The ownership of a cemetery plot or burial space, as defined under RSA 289:1, II, shall be governed by the following provisions: I. If the deceased has designated a person to assume ownership of the cemetery lot or burial space in a written and signed […]
Section 290:15 – Order for Disinterment.
290:15 Order for Disinterment. – A justice, upon complaint made on oath by any person that he has reasonable ground for suspecting that a deceased person who has been interred came to his death by some unlawful means, may issue his warrant, requiring that the body shall be disinterred and examined, and may summon […]
Section 290:16 – Definitions.
290:16 Definitions. – In this subdivision: I. "At-need funeral arrangements" means funeral arrangements made after death. II. "Custody and control" means the right to make all decisions, consistent with applicable laws, regarding the handling of a dead body, including but not limited to possession, at-need funeral arrangements, final disposition, and disinterment. III. "Estranged" means […]
Section 290:17 – Custody and Control Generally.
290:17 Custody and Control Generally. – The custody and control of the remains of deceased residents of this state are governed by the following provisions: I. If the subject has designated a person to have custody and control in a written and signed document, custody and control belong to that person. The person designated […]
Section 290:18 – Estranged Spouse.
290:18 Estranged Spouse. – Notwithstanding RSA 290:17, if the surviving spouse and the subject were estranged at the time of death, the spouse shall not have custody and control of the subject’s remains. In this case, custody and control belong to the next of kin following the spouse. Source. 1996, 283:18, eff. Jan. 1, […]
Section 290:19 – Court Determination.
290:19 Court Determination. – Notwithstanding other provisions of this subdivision, the court of probate for the residence of the deceased may award custody and control to the person determined by the court most fit and appropriate to carry out the responsibilities of custody and control, and may make decisions regarding the subject’s remains if […]
Section 290:20 – Wishes of Subject.
290:20 Wishes of Subject. – If the subject has left written and signed instructions regarding funeral arrangements and disposal of the subject’s remains, the person having custody and control shall abide by those wishes to the extent that the subject paid for those arrangements in advance or left resources for the purpose of carrying […]
Section 290:21 – Effect of Payment by Others.
290:21 Effect of Payment by Others. – Except to the degree it must be considered by the court under RSA 290:19, IV, the fact that a person other than the subject has paid or agreed to pay for all or part of arrangements does not give that person a greater right to custody and […]