Who holds liability for the disposal expense of unclaimed cremains?

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The agent handling the cremains holds liability for the disposal expense of unclaimed cremains. This is primarily due to the role and responsibility that the agent has in managing the cremains after a cremation has taken place. When a body is cremated and the remains are not claimed by the family or designated beneficiaries, it is generally the responsibility of the designated agent—who may be a funeral home director, a funeral arranger, or another appointed representative—to handle the final disposition of those remains.

In many jurisdictions, when cremains are unclaimed, it becomes the duty of the agent to ensure that they are dealt with appropriately, which can include burial in a potter's field, scattering in an approved location, or another method as dictated by local laws and regulations. The intention behind this arrangement is to ensure that unclaimed remains are treated with dignity while also adhering to legal and ethical guidelines surrounding their disposal.

The family of the deceased typically does not incur liability for these expenses if they have not asserted a claim over the cremains. The crematory, while it may perform the cremation itself, does not generally take ownership or liability for the cremains once the process is complete, especially if no arrangements for claim or pickup have been made. Similarly

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