Funeral Home Wrong Body: What to Do and Your Legal Rights

If you think a funeral home has the wrong body, stop before any burial or cremation goes ahead. Ask to see the identification tag and the intake paperwork, and don't sign anything until you're satisfied. Cremation cannot be reversed, so it is always reasonable to pause and check.

This guide covers what to do in the moment, how identification is supposed to work, what legal options you may have, and how to lower the risk before you sign a contract.

What to do if you think it is the wrong person

These steps apply whether you notice at a viewing, before a burial, or when you receive cremated remains.

1. Say so right away. Ask for the manager or owner, not only the staff member in front of you. You do not need to be certain to ask questions.
2. Ask to see the identification. This means the identification tag on the body or container and the intake paperwork. If the person had something distinctive, such as a tattoo, a scar, a medical implant or a piece of jewelry, ask the home to check it against their records.
3. Hold off on the next step. Don't agree to burial, cremation or a closing of the casket until the question is settled. If the home says the service must go ahead now, ask for that in writing.
4. Don't sign releases. Don't sign anything that says you accept the remains or waive claims until you have had advice.
5. Write it down. Note the date, time, names and what was said. Photograph paperwork and tags if the home allows it. Keep your contract, price list and receipts.
6. Contact the hospital, hospice or medical examiner if the home can't explain the discrepancy. They hold their own records of who was released and to whom.

How identification is supposed to work

The Cremation Association of North America (CANA) describes a chain of custody, meaning written records of who has had custody of the remains at each step. It says identity is verified at eight stages:

• removal from the place of death
• transport
• storage
• placement in the cremation chamber
• removal from the chamber
• processing
• placement in the urn
• return to the authorized agent, the person legally entitled to control the disposition

CANA says an identification number is assigned and often stamped onto a stainless steel disc. The disc goes into the cremation chamber with the remains, and identification is checked again against the paperwork afterward. CANA notes that procedures vary by jurisdiction and recommends asking your funeral director about their specific protocols.

Two more points from CANA are useful. Cremation usually takes place at about 1,400 to 1,600 degrees Fahrenheit. And you may arrange to witness the cremation yourself.

Some funeral homes also use barcode or software tracking. Ask how your provider tracks remains rather than assuming.

Can you test the ashes?

Checking the ashes starts with the paperwork. Ask to see the disc number and compare it with the cremation documents you signed. If something doesn't match, raise it in writing.

For more on whether testing is realistic, see our guide on whether cremation ashes contain DNA. For how the process works and what can go wrong, read can cremation go wrong.

What are your legal options?

Every state sets its own rules, so this is general information, not legal advice.

• Civil claims. Families in body mix-up cases often bring claims for negligent infliction of emotional distress and for breach of contract. The Legal Information Institute describes the first as emotional distress caused by negligent action, and notes that states differ greatly on when such claims are allowed and how damages work.
• State regulators. Funeral homes and directors are usually licensed at the state level. A complaint to your state's funeral board or licensing agency can lead to an investigation and discipline.
• Law enforcement. If you believe remains were deliberately mishandled or you were given something that wasn't your loved one's remains, you can also contact the police or your state attorney general.
• The FTC Funeral Rule. This federal rule requires price lists and honest disclosures. It does not deal with body identification, so don't expect the FTC to resolve a mix-up. It is still relevant if the home misled you about prices or what was required. See our guide to the FTC Funeral Rule.

Time limits apply. A statute of limitations bars a claim after a set period, and the period varies by state and by type of claim. In some situations the clock starts when you discover the problem, in others when it happened. A lawyer can tell you which rule applies, so don't wait.

How to lower the risk before you sign

• Ask how they identify remains. Good questions: "How do you tag and track someone from the moment they arrive?" and "Does a metal identification disc go through cremation with the person?"
• Ask for an identification viewing. Even if you plan a direct cremation or a closed casket, ask whether a family member can confirm identity before cremation or closing. Some homes offer this. It is your call, and some families find it too hard.
• Consider witnessing the cremation. CANA confirms this is an option. Ask the crematory about its policy and any fee.
• Get it in writing. Keep the cremation authorization and contract, and ask how you will receive the disc number or identification record with the remains.
• Use the price list. Compare homes by using the General Price List they must give you. Our guide to the General Price List explains how.
• Appoint someone clear-headed. If you are too upset to check details, ask a calmer relative or friend to be the point person.

What if the funeral home won't hand over the body or ashes?

That is a different problem from a mix-up. It most often comes down to a payment dispute or a disagreement over who has authority to decide. Our guide on when a funeral home holds a body explains what is and isn't allowed.

What to do next

1. If you are in the middle of a possible mix-up, pause the service and ask for the identification and paperwork.
2. Write down what happened while it's fresh, and keep every document.
3. Contact your state's funeral regulator and speak to a local attorney about your options and deadlines.
4. If you have not yet chosen a funeral home, ask about their identification process before you sign.