2005 Montana Code Annotated - 35-21-810 — Disposition of remains - liability.

     35-21-810. Disposition of remains -- liability. (1) The right to control the disposition of the remains of a deceased person, unless other directions have been given by the decedent, vests in, and the duty of interment and the liability for the reasonable cost of interment of the remains devolves upon, the following in the order named:
     (a) a spouse;
     (b) a majority of adult children;
     (c) a parent;
     (d) a close relative of the decedent; or
     (e) in the absence of a person listed in subsections (3)(a) through (3)(d), a personal representative, a public administrator, the deceased through a preneed authorization, or others as designated by the board of funeral service by rule.
     (2) The liability for the reasonable cost of interment devolves jointly and severally upon all kin of the decedent listed in subsection (1) in the same degree of kindred and upon the estate of the decedent.
     (3) A person signing an authorization for the interment of any remains warrants the truthfulness of any fact set forth in the authorization, the identity of the person whose remains are sought to be interred, and the person's authority to order the interment. The person signing the authorization is personally liable for all damage occasioned by or resulting from breach of the warranty.
     (4) The mausoleum-columbarium authority may inter any remains upon the receipt of a written authorization of a person representing to be a person who has acquired the right to control the disposition of the remains. A mausoleum-columbarium authority is not liable for interring pursuant to the authorization unless it has actual notice that presentation is untrue.

     History: En. Sec. 6, Ch. 283, L. 1999.