(755 ILCS 65/50) 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. (Source: P.A. 103-421, eff. 1-1-24.) |