Minnesota State Mortician Practice Exam

How should disputes regarding control or duty of disposition be handled?

1. By mediation with all parties

2. By filing a petition in district court

3. By contacting state authorities

4. By reaching a verbal agreement

The correct answer is: By filing a petition in district court

Disputes regarding control or duty of disposition should be handled by filing a petition in district court. This approach ensures that the matter is resolved through a legal framework, which provides a structured process for addressing complex issues related to the disposition of remains. When disputes arise, particularly those involving differing parties who may have competing interests or claims, the court can provide an impartial venue to adjudicate the claims based on the law. The court has the authority to interpret relevant statutes and the wishes of the deceased, which may include the deceased’s written directives or the applicable state laws governing disposition. This legal route is important, as it can provide enforceable solutions, protecting the rights of all parties and ensuring compliance with the law. While mediation could potentially resolve some disputes amicably, it does not carry the same legal weight as a court ruling and might not be enforceable in the same way. Contacting state authorities might provide guidance but lacks the authority to make binding decisions on control of remains. Reaching a verbal agreement, though it might seem convenient, often leads to further disputes, as such agreements may lack clarity and enforceability without formal documentation and legal recognition.