What to do With Cremated Remains found in a Repossession

Have you ever found cremated remains in property you repossessed?

Did you know what to do with them?

Currently, there is very little guidance on what legally to do with cremated remains found in a recovery. ARA worked with attorney Michael Chapman of Bassford Remele to develop a commonsense approach that boils down to maintaining a record of the chain of custody of the remains.

Specifically, we recommend taking the following steps when cremated remains are found in repossessed property:

Maintain a record containing a description of what was found, when it was found, where it was found, who found it, and the identity of the debtor associated with the property within which the remains were recovered.
Send three separate letters, roughly a month apart, to the debtor stating what was found and that you need for them to make arrangements to retrieve it within the next 90 days (then 60 days, then 30 days). Make sure the letter does not contain anything about an unpaid debt and so forth. We do not want the correspondence to be construed in any way as a collection letter.
Keep copies of the three letters. If that is not possible, keep a record of the date the correspondence was sent, the address to which it was sent, the name of the person it was addressed to, and a summary of the content of the letter.
If the “three letters over three months” period lapses without a response, check the urn (or other container) to see if it contains a medallion/tag identifying the crematorium or funeral home associated with the handling of the body. If it is found, call them to see if they will make arrangements to receive the remains. Document the communication in the company’s records.

If the “three letters over three months” period lapses without a response and the crematorium or funeral home is unknown (or unhelpful), call the county medical examiner, explain what you have, and ask them if they will accept it. If the medical examiner is not helpful, repeat the process with the local police department. Make certain that all communications with the medical examiner and/or police are noted in the company’s records.
If paragraphs 3, 4, and 5 are unsuccessful, retain the remains for a period of at least 6 months. After that period lapses and the remains have not been transferred to the appropriate person or authority, they may be disposed of as you see fit. Keep a record of when the remains were ultimately disposed of.

As always, please reach out to us if you have any questions.