Few experiences are more distressing than wondering whether the cremated remains returned to you actually are your loved one. While cremation providers and funeral homes follow procedures designed to prevent mistakes, errors can occur. When they do, families deserve answers.
Over the years, questioned cremains cases have become a significant area of concern. Families have contacted attorneys after receiving urns that appeared empty, urns bearing another person’s identifying information, or cremated remains returned under circumstances that simply did not make sense.
For example, some families receive cremated remains before the scheduled cremation has even taken place. Others experience unexplained delays that raise questions about the whereabouts and identification of their loved one’s remains. Inconsistencies such as these can understandably cause concern and warrant further investigation.
Sometimes, the issue is more obvious. We handled a case involving a stillborn infant whose parents were given an amount of cremated remains that was clearly inconsistent with the size of the child. The volume of cremains was approximately one gallon, an amount that raised immediate questions about whether the remains belonged to the infant at all.
When concerns arise, the most important step is to investigate the identification and tracking procedures that were used throughout the cremation process.
Follow the Chain of Custody
Every funeral home and crematory should maintain detailed chain-of-custody records. These documents track the deceased from the time the body is received until the cremated remains are returned to the family.
Chain-of-custody records may include:
- Transportation and transfer documents of the deceased
- Identification verification records (what was used to identify this person
- Cremation authorization form
- Cremation logs and scheduling records
- Records showing who handled the remains at each stage of the process
- Cremation Certificate
These records are often the most important evidence when determining whether a mistake occurred.
Look for the Identification Disc
Most reputable crematories use a permanent identification system throughout the cremation process. Typically, a metal or ceramic identification disc accompanies the deceased from intake through cremation and should remain associated with the cremated remains when they are returned to the family.
The identification number on the disc should correspond with the crematory’s records. If the disc is missing, does not match the paperwork, or cannot be adequately explained, further investigation may be warranted.
Preserve Everything
If you question the cremated remains you have received:
- Do not scatter or bury the remains.
- Preserve the urn and its contents.
- Keep all paperwork provided by the funeral home or crematory.
- Save emails, text messages, invoices, and receipts.
- Request complete copies of all identification and chain-of-custody records.
The sooner concerns are documented and investigated, the easier it may be to determine what happened.
Families Deserve Answers
Most funeral professionals work hard to ensure accurate identification and respectful handling of the deceased. However, when inconsistencies arise, families have every right to ask questions and request documentation.
If something about the cremation process does not seem right, trust your instincts. A careful review of the records, identification procedures, and chain-of-custody documentation can often help determine whether the cremated remains returned to you are, in fact, those of your loved one.
