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9&10 News Investigates: Cremains in Question

Some northern Michigan families have a lot of questions after cremated remains of their loved ones were found in Upper Peninsula funeral homes, decades after their deaths and funerals.

This is a story northern Michigan’s news leader has been digging into for several months after Pickford-based Family Life Funeral Homes says they found unclaimed cremains at several funeral homes they’d recently taken ownership of.

They’re now working to reunite these cremains with the proper families.

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Robert Lambert said his father Willard was a busy man, a proud Navy veteran, who loved his family and his Native American heritage.

He died in November of 1996 and his remains were cremated.

“We went and we had the ceremonies at the cemetery, at the headstone, above the headstone where his parents are buried, my grandparents, in Onaway. And we thought we had everything done. We had a drum at the funeral home, we just kept everything that my dad wanted to do, everything that he wanted done after life,” said Lambert.

Then, almost 30 years later, earlier this year, Robert saw his father’s name listed among dozens of others tied to unclaimed cremains found at several eastern upper peninsula funeral homes. The largest number of cremains were found at what used to be Dodson Funeral Home in St. Ignace.

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“I had no idea that it’s possible to only get partial remains. I thought when you got a loved one cremated, they were all cremated. And then you got all of the ashes,” said Robert. “We thought we had them back in 96. I don’t know, we don’t know. We have no way of knowing who we got in 96. We have no way of knowing if it’s my dad.”

It’s a similar situation for Wanda Cody, her father’s name is also on the list of unclaimed cremains.

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“They found the paperwork on my dad,” Cody said. “Basically, it’s the paperwork stating the day he’s cremated and all of that. So my whole thought was okay, oh, my God, who do we actually have, do we have my dad? I mean, even though they’ve told me that they’re pretty much 100% sure we have my dad, I still don’t know.”

We reached out to the Michigan Department of Licensing and Regulatory Affairs, which oversees the state’s funeral homes.

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They pointed us to several Michigan laws outlining how funeral homes should care for unclaimed cremains. And if unclaimed cremains are found during inspection, the funeral home is reminded of the options they have:

Under Michigan law, funeral homes are not required to dispose of unclaimed cremated remains, as defined in section 1809a(7)(c) of the Occupational Code, MCL 339.1809a Cremation is considered final disposition, as defined in section 2803(7) of the Public Health Code, MCL 333.2803(7), and cremated remains may only be released to an individual who has the right to make decisions relating to the disposition of a decedent’s body under section 3206 of the estates and protected individuals code, MCL 700.3206. However, statutes do provide for immunity of liability if a funeral home decides to dispose of unclaimed cremated remains after following the specific statutory requirements of MCL 339.1809a & b of the Occupational Code, MCL 339.1809a and MCL 339.1809b.

LARA also sent us guidance published in 2018 on steps funeral homes should take with unclaimed cremains, including making ‘reasonable efforts’ to notify those who can make decisions about the cremains:

Once a licensee determines which of the unclaimed cremated remains in its possession belong to veterans or their spouses, it must, before proceeding with a proper disposition, make “reasonable efforts to provide written notice of [its] intent . . . to the persons having the right to make decisions relating to the disposition of a decedent’s body under [EPIC].” MCL 339.1809a(1) and MCL 339.1809b(3). While the Code does not state all the possible ways in which such reasonable efforts could be made, it does specifically state that it is sufficient for the licensee to mail the notice to the last known address of the person who has the right to make decisions related to the disposition of the unclaimed cremated remains. MCL 339.1809a(1). Licensees must then wait 30 days.

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But the families we spoke with say they were unaware any of their loved ones’ cremains were sitting unclaimed until just a few months ago.

“You have all these comments that were being made on Facebook where this list was posted, and people are making all sorts of negative comments like, how dare you know, people leave their family members and don’t even pick them up, I mean, and that’s not even the case,” Cody said. “We did get my dad. We thought, we still don’t know. We’re hoping, but so what now?”

And the options these families have for finding out if they truly have their loved ones’ cremains appear limited.

“I don’t know what to do. I’ve told my sister, because my dad was cremated again, you can’t do DNA testing. So you just wonder, you know, do we have my dad at home? Do we truly have him?” Cody said.

“We’re calling it re grieving,” Lambert said. “I don’t know if that’s a thing, but that seems to be where we are right now. I hope everybody out there is just getting the same attempt at relief as we are. I mean, being Native American, we have lots of ceremonies that we go through to help send our loved ones off and to have to go through it twice for one of us is just heartbreaking.”

Family Life Funeral Homes responded with this statement:

“Thank you for reaching out regarding the unclaimed cremated remains. I have been part of the funeral industry serving the local communities since 2013. In 2020, Galer Funeral Homes & Cremation purchased 3 Funeral Homes in the EUP— two in downtown SSM and one in St. Ignace, Michigan.

I formed Family Life Funeral Homes in September of 2023, combining the local funeral homes in the EUP. These purchases brought on a list of ‘Things to do.’ The Unclaimed Cremated Remains being one of the most important things on the list— we have had to take extra time compiling and rechecking before publication.

The unclaimed cremated remains were known about from the time of purchase, it is not uncommon to have unclaimed loved ones at any funeral home. Many funeral homes across the states have provided unclaimed cremated remains with a proper burial and a final resting place.

Our unclaimed cremated remains have all been properly stored in locked cabinets to follow Michigan State Law on Unclaimed Cremated Remains. After collecting together all the information available we addressed this with our associations, and representatives, and followed the Michigan Law on unclaimed cremated remains.

In today’s society, most individuals believe they have to pay for the services to receive the remains back. However, that is incorrect but is one of the biggest reasons many are unclaimed. All families are notified to pick up the cremated remains multiple times. Unfortunately, several of the unclaimed remains will remain unclaimed, as they have/had no more family left to take care of them.

Other ways this happens can range from each “Next of Kin” ‘thinking’ the other has picked the loved one up and neither one never communicated to the other, or loved ones were mailed home from out of state to be placed in a local cemetery but with unclear instructions or unavailable local family, so the burial never gets completed.

Some of the time it is only small portions that remain. In that case, we would believe that the family wanted jewelry or a keepsake, at a later time, and then never thought to return for them.

When receiving cremated remains from a funeral home, there should always be a ‘Burial Transit Permit’. This is the paperwork that follows the loved one through the cremation process. We also always have this document with the cremated remains at all times. More recently, funeral homes have added an additional identification tagging system when sending a loved one to the crematory, and that tag goes through the entire cremation process, and returns with the cremated remains.

We plan to publish an updated list in the months to come, in the hope that we can get more loved ones’ homes with their families. Even though this has been a shock to many families and the communities, we have had positive feedback from several families and cemeteries wanting to help get all loved ones laid to rest. There is a plan in the works for possibly 2026, when, as the state allows, we will give all unclaimed cremated remains the proper burial they deserve.’ - Marlee Six, Owner of Family Life Funeral Homes.”

Below are the questions 9&10 News asked LARA about the situation and their response:

Does LARA have any comment on the situation?

MCL 339.1809a Cremation is considered final disposition, as defined in section 2803(7) of the Public Health Code, MCL 333.2803(7), and cremated remains may only be released to an individual who has the right to make decisions relating to the disposition of a decedent’s body under section 3206 of the estates and protected individuals code, MCL 700.3206. However, statutes do provide for immunity of liability if a funeral home decides to dispose of unclaimed cremated remains after following the specific statutory requirements of MCL 339.1809a & b of the Occupational Code, MLC 339.1809a and MCL 339.1809b.

Does the state have any history of complaints or violations at the following funeral homes, now all doing business at Family Life Funeral Homes:

  • Hovie Funeral Home, Sault Ste. Marie
  • Clark Bailey Newhouse Funeral Home, Sault Ste. Marie
  • Dodson Funeral Home, St. Ignace
  • Galer Funeral Homes, Pickford
  • C.S. Mulder Funeral Home, Sault Ste. MarieLARAFOIAinfo@michigan.gov.

Of the named funeral homes, only Clark Bailey Newhouse Funeral Home had any disciplinary history. To obtain copies of the formal action taken by the Department, please submit a FOIA request to LARAFOIAinfo@michigan.gov.

Is checking the status of unclaimed cremains part of a LARA funeral home inspection or does the state have some sort of accountability enforcement in place to ensure cremains don’t sit in funeral homes for decades?

If cremated remains are found onsite during inspections, regulation agents remind licensees of their options under section 1809a & b of the Occupational Code regarding disposing of unclaimed cremated remains.

What action, if any, should these families take?

If any consumer has been unable to obtain cremated remains, we encourage them to file a complaint with LARA so we can investigate the complaint.

Does LARA have the resources it needs to properly oversee Michigan funeral homes to ensure cremains don’t go unclaimed for years on end and what assurances can families have that all of their loved ones’ cremains are turned over at the time of death/burial?

LARA has published a bulletin on the Funeral Directors page of the LARA website that provides guidance to funeral homes regarding the proper disposition of unclaimed cremated remains.

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