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If the couple were legally married at the time of death, and no stipulations made on the part of the deceased, the surviving spouse's wishes supersede those of other family members. The husband should notify those who have possession of the body of his legal rights as the surviving spouse to take charge of funeral arrangements. It is possible for other family members to contest the action, but they are unlikely to prevail unless there are very unusual circumstances.

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Q: If your wife deceased while incarcerated and her stepfather insists on claiming her body how can you stop him?
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