[NV] Can a funeral home be sued for wrongfully withholding a body?

NV Legal (General)

Liz

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If they had him on the phone, normally, that can be sufficient. Under the law, the next of kin is the spouse, but if the spouse is not available, adult children are considered next of kin. They also cannot bill for the time they were withholding the body unlawfully, once the transfer had already been authorized. Even if they wanted to be the funeral home for the burial, you and your family had a right to choose to bury her elsewhere, and they had a duty to facilitate that. Failing in that duty, or delaying to generate more fees, can be seen as a deceptive trade practice, which can create the basis for a lawsuit.

Nevada law also sets out a specific priority order for who has the legal right to control disposition of a deceased person's remains, generally the surviving spouse first, then adult children (NRS 451.024). A funeral home that disregards this order, or unreasonably delays release once authorization is given, may also face liability for negligent or intentional infliction of emotional distress under general Nevada tort law.

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My mother, a Native American woman and member of her tribal nation, passed in June 2025 in Las Vegas, NV. We requested for her body to be sent to our reservation in California for burial. They would not release her body as I asked, as her eldest daughter, without her husband's signature, who is serving life in prison. After this request with signature, they still wouldn't release her and requested payment for keeping her body for a month. Finally the chief of our reservation demanded to pick her body up to be sent to our reservation in California. They finally agreed to let her body go, and still requested payment. We could not lay her to rest until over a month later due to this Las Vegas funeral home holding her body. Can I sue?

Lexi, Chatbot

I'm so sorry to hear about the difficulties you've faced during such a challenging time. Can you tell me if there were any written agreements or contracts with the funeral home regarding the handling of your mother's body?

There were none. When her body was discovered, this is who took her.

Lexi, Chatbot

Have you already consulted with any legal professionals about this situation, or is this your first step in seeking legal advice?

This is my first step.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your burial dispute.

No.

Liz

Hi there! Welcome to AskaLawyer. My name is Liz and I've been an attorney for more than a decade, and I am here to assist with your legal concerns. Just so you are aware, our service is a legal information only site. No attorney client relationship is formed from our conversation. First, I'm so sorry for your loss. So I can best help, did you provide the funeral home with proof that the spouse was incarcerated?

Yes, they also spoke with him.

Liz

I'm so sorry. Did the funeral home provide any written explanation or documentation regarding their refusal to release your mother's body?

First it was her husband, then just the run around.

They were trying to be the company to do her funeral, but we are Native American. All burials are done on our reservation. If our chief hadn't demanded her body, she wouldn't have been released.

Liz

What kind of lawsuit?

Liz

Even without a written agreement, there may be an implied contract based on the funeral home's actions and your expectations. If they failed to fulfill their obligations, this could be considered a breach. There is also negligent or intentional infliction of emotional distress.

Liz

I hope I was able to help. If you have any other questions, feel free to ask.

Liz

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