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Code · Illinois · Chapter 755 — ESTATES · Act 65

Sec. 50. Disputes.

152 words·~1 min read·/il/chapter-755/act-65/50

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Sec. 50. Disputes.
(a)Any dispute among any of the persons listed in Section 5 concerning their right to control the disposition, including cremation, of a decedent's remains shall be resolved by a court of competent jurisdiction within 30 days of the dispute being filed with the court. A cemetery organization or funeral establishment shall not be liable for refusing to accept the decedent's remains, or to inter or otherwise dispose of the decedent's remains, until it receives a court order or other suitable confirmation that the dispute has been resolved or settled.
(b)Any dispute over a disinterment shall be resolved by a circuit court with all reasonable promptness by the court. If the court finds that a party to a disinterment dispute has acted in bad faith, the court may, in its sole discretion, award costs, including reasonable attorney's fees, against the person it finds has acted in bad faith.
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