In a published opinion, the New Jersey Appellate Division provided guidance on cases in which funeral arrangements or disposition of remains are contested and held that such complaints should be brought in the Probate Part, rather than by application in the Family Part.

Plaintiff Richard Freedman II appealed two orders issued by the Family Part regarding the disposition of his adult son’s cremation remains and personal property, according to the opinion. The first order was for scheduling of a plenary hearing. The second was an order that stated those decisions should be controlled by the son’s mother, Colleen Freedman, because she had the closer relationship with their son.

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