05 Sep Casey Kasem’s Widow’s Response to His Children – “Over My Dead Body Will You Move Your Father’s Dead Body”
Casey Kasem, known for radio’s “Top 40 Countdown”, died in 2014, but the war over where he should be buried between the children of his first marriage and his widow is ongoing.
After years of legal battles over elder abuse, wrongful death, guardianship and end of life preferences, Kerri Kasem, a daughter of Casey’s first marriage, wants her father’s body removed from his gravesite in Oslo, Norway to Los Angeles. Casey’s widow, Jean, had him buried in Oslo, Norway. Casey’s children wanted to prevent his burial in Norway and now they want to exhume his body. Norway has denied their request. Each state and each country have laws regarding burial rights and removal of a body once buried.
Jean and Casey’s children of his first marriage hate each other. Jean was married to Kasem for 34 years. Although Casey financially provided for the 3 children of his first marriage until 2 years before he died, they were not beneficiaries of his estate planning. Casey had Lewy body dementia at the time of his passing.
During the last years of Casey’s life, lawsuits were filed by Casey’s children of his first marriage as they claimed he was mistreated resulting in elder abuse. The parties fought over medical care, guardianship and whether Casey’s life should be terminated.
After Casey died, the children and Casey’s brother sued Jean for wrongful death for neglect and physical abuse. Jean countersued. The case was settled in 2019.
However, the bitterness continues and Kerri still wants to have her father’s body moved from his Oslo gravesite to Forest Lawn Cemetery in Los Angeles. Many friends and relatives of Casey have said that is where he desired to be buried.
Who does have the right to be in charge of a body after death and the right of disinterment (changing the permanent disposition of remains by entombment, burial and placement in a niche)? Under Texas law (and the laws of each state and country are different), a person may provide written directions for the disposition, including cremation of the person’s remains in a will, a prepaid funeral contract, or a written instrument signed and acknowledged by such person.
If the directions are in a will, the same are to be carried out even without the necessity of probate. The directions are valid even if the will is invalid or never probated. If there is a prepaid funeral contract, a party who fails to honor the contract is liable for the additional expenses in disposition of the decedent’s remains as a result of breach of contract.
Texas has a form of appointment for disposition of remains. You can choose whomever you want to be in charge of your bodily remains including removal of your remains at a later date. It doesn’t have to be a family member. You can also give special directions limiting the power. The document provides for the name, address and phone number of your agent and any successor agent. A successor agent is recommended in the event your agent dies or becomes disabled or resigns. Furthermore, if a spouse is named as the agent and there is a divorce, annulment or the marriage is declared void before death, then the former spouse cannot serve as an agent. The agent must sign the document to accept appointment.
If there is no direction in a will or if there is no prepaid funeral contract, or there is no signed document or appointment for disposition of remains, then under Texas law, authority to control disposition of the decedent’s remains and to inter the remains goes by priority as follows: (1) the decedent’s surviving spouse; (2) any one of the decedent’s surviving adult children; (3) either one of the decedent’s surviving parents; (4) any of the decedent’s surviving siblings; (5) any one or more of the duly qualified executors or administrators of the decedent’s estate ; or (6) any adult person in the next degree of kinship in the order named by law to inherit the estate of the decedent. If Casey was a Texas resident and he had no directions in a will or other document, then his surviving spouse, Jean, would have the rights to bury him anywhere she desired.
Under Texas law, the only difference on authority for the removal of remains interred in a cemetery is the necessity of the consent of the cemetery organization operating the cemetery. Thus, if Texas law was applicable, then Jean would be in charge of disinterment of Casey’s remains absent written directions to the contrary. However, when Jean dies, if the laws of the applicable jurisdiction are similar to Texas, then any of his children could be in charge of the removal of his remains. So, if Jean had said “over my dead body” as to moving his dead body to Los Angeles, it could have been a truism since an adult child of the decedent is next in the line of authority after a surviving spouse. So if Texas law (not Norwegian law) was applicable, then Casey’s children could remove his bodily remains after Jean dies. Thus, after she dies, Casey’s children could remove his dead body over her dead body. If interested in learning more about this article or other estate planning, Medicaid and public benefits planning, probate, etc., attend one of our free upcoming Estate Planning Essentials workshops by clicking here or calling 214-720-0102. We make it simple to attend and it is without obligation