Can a funeral home refuse to surrender a body if the family still owes money and wishes to go to another funeral home?

In Missouri, a funeral home generally cannot refuse to surrender a body to a family based solely on unpaid debts. This is rooted in the principle that once a body is in the funeral home's custody, they must comply with legal obligations regarding the disposition of the remains.

While the funeral home may seek to collect outstanding debts through other means, including lawsuits, the obligation to deliver the remains is paramount. The law protects the family's right to control the disposition of the deceased, which includes the ability to choose another funeral home, regardless of any financial obligations that may exist. Thus, even if the family wishes to transfer services, the funeral home must allow the transfer and cannot withhold the body in retaliation for unpaid fees.

The essence of this legal principle is to ensure that the family's wishes regarding the deceased are honored and to prevent situations where financial disputes could delay or complicate the important process of burial or cremation.