# Who actually owns a corpse? **URL:** \ **Category:** Factual Questions\ **Created:** [January 19, 2013, 11:49am UTC](https://boards.straightdope.com/t/who-actually-owns-a-corpse/647702 "2013-01-19T11:49:59Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![aldiboronti](https://avatars.discourse-cdn.com/v4/letter/a/9fc348/32.png) [@aldiboronti](https://boards.straightdope.com/u/aldiboronti)\ **Post date:** [January 19, 2013, 11:49am UTC](https://boards.straightdope.com/t/who-actually-owns-a-corpse/647702/1 "2013-01-19T11:49:59Z")
In connection with [this story.](http://hosted.ap.org/dynamic/stories/U/US_STOLEN_BODY_DETROIT?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2013-01-18-17-54-33) > [@](#): > > \*\*Man charged in theft of dad’s corpse from cemetery \*\* > > A man accused of stealing his father’s body from a Detroit cemetery with the hope of bringing him back to life was charged Friday and ordered held on a $75,000 bond. > > Vincent Bright, 48, whom police say was keeping his father’s body in the basement freezer of his home, was charged with disinterment of a body. He was arraigned by video from the Wayne County Jail. The report seems to be a little confused. The headline and first paragraph refer to ‘theft’ and ‘stealing’ but the actual charge was disinterment of a body. Anyway to my question. Could he have been charged with theft? If so, theft from whom? Who has legal ownership of a corpse? It seems to me that the son would have as much right as anyone if his father’s corpse could be classed as property. ---
**Author:** ![ducati](https://avatars.discourse-cdn.com/v4/letter/d/cc9497/32.png) [@ducati](https://boards.straightdope.com/u/ducati)\ **Post date:** [January 19, 2013, 12:24pm UTC](https://boards.straightdope.com/t/who-actually-owns-a-corpse/647702/2 "2013-01-19T12:24:38Z")
We have 2 dogs, some hamsters, parakeets, and a hummingbird buried out back. No reanimation plans at this time, though. ---
**Author:** ![Si\_Amigo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/si_amigo/32/2877_2.png) [@Si\_Amigo](https://boards.straightdope.com/u/Si_Amigo)\ **Post date:** [January 19, 2013, 4:45pm UTC](https://boards.straightdope.com/t/who-actually-owns-a-corpse/647702/3 "2013-01-19T16:45:09Z")
The executor of the will is responsible for how the corpse is interned. The cemitary “owns” it after that. ---
**Author:** ![Leo\_Bloom](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/leo_bloom/32/10377_2.png) [@Leo\_Bloom](https://boards.straightdope.com/u/Leo_Bloom)\ **Post date:** [January 19, 2013, 4:48pm UTC](https://boards.straightdope.com/t/who-actually-owns-a-corpse/647702/4 "2013-01-19T16:48:56Z")
> [@Si\_Amigo](#): > > The executor of the will is responsible for how the corpse is interned. The cemitary “owns” it after that. I’ve seen some interns like that. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [January 19, 2013, 4:54pm UTC](https://boards.straightdope.com/t/who-actually-owns-a-corpse/647702/5 "2013-01-19T16:54:25Z")
> [@aldiboronti](#): > > The report seems to be a little confused. The headline and first paragraph refer to ‘theft’ and ‘stealing’ but the actual charge was disinterment of a body. The first paragraph was explaining what happened more colloquially. The second paragraph reported the specific charges. It’s like a story saying: _“A local man killed his wife in a domestic dispute yesterday. He has been arrested and charged with second degree homicide.”_ ---
**Author:** ![Earl\_Snake-Hips\_Tucker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/earl_snake-hips_tucker/32/3269_2.png) [@Earl\_Snake-Hips\_Tucker](https://boards.straightdope.com/u/Earl_Snake-Hips_Tucker)\ **Post date:** [January 19, 2013, 5:09pm UTC](https://boards.straightdope.com/t/who-actually-owns-a-corpse/647702/6 "2013-01-19T17:09:28Z")
There are any number of local laws dealing with the disposition of the body, which I would assume also exhuming the body once it’s been interred. So, IMO, “theft” just reads better than ‘unlawful exhumation.’ ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [January 19, 2013, 5:39pm UTC](https://boards.straightdope.com/t/who-actually-owns-a-corpse/647702/7 "2013-01-19T17:39:52Z")
From personal experience at least in Arizona, the body belongs to the next-of-kin independent of any will. ---
**Author:** ![Canadjun](https://avatars.discourse-cdn.com/v4/letter/c/76d3ee/32.png) [@Canadjun](https://boards.straightdope.com/u/Canadjun)\ **Post date:** [January 19, 2013, 6:43pm UTC](https://boards.straightdope.com/t/who-actually-owns-a-corpse/647702/8 "2013-01-19T18:43:45Z")
> [@Si\_Amigo](#): > > The executor of the will is responsible for how the corpse is interned. The cemitary “owns” it after that. Hey! A zombie thread that isn’t even very old! You meant interred ---
**Author:** ![Elmer\_J.Fudd](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/elmer_j.fudd/32/1211_2.png) [@Elmer\_J.Fudd](https://boards.straightdope.com/u/Elmer_J.Fudd)\ **Post date:** [January 19, 2013, 6:53pm UTC](https://boards.straightdope.com/t/who-actually-owns-a-corpse/647702/9 "2013-01-19T18:53:06Z")
If the the cemetery is the lawful custodian of the body then any unauthorized removal could be termed “thrift”. If you broke into a bank to steal items from your own safety deposit box, it would still be larceny. ---
**Author:** ![Toucanna](https://avatars.discourse-cdn.com/v4/letter/t/3bc359/32.png) [@Toucanna](https://boards.straightdope.com/u/Toucanna)\ **Post date:** [January 19, 2013, 10:33pm UTC](https://boards.straightdope.com/t/who-actually-owns-a-corpse/647702/10 "2013-01-19T22:33:47Z")
[QUOTE=Elmer J. Fudd] If the the cemetery is the lawful custodian of the body then any unauthorized removal could be termed “thrift”. If you broke into a bank to steal items from your own safety deposit box, it would still be larceny. [/QUOTE] It would be “thrift” only if one stole one’s _savings_. Otherwise, it would be “theft”. 😃 ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [January 19, 2013, 10:48pm UTC](https://boards.straightdope.com/t/who-actually-owns-a-corpse/647702/11 "2013-01-19T22:48:17Z")
> [@Elmer\_J.Fudd](#): > > If you broke into a bank to steal items from your own safety deposit box, it would still be larceny. It might not be. Larceny is generally defined as taking property that doesn’t belong to you. The crime you’re describing would be trespassing, most likely with burglary (which is entering a building to commit a criminal act - so if you busted a lock or broke the vault, you’d have committed a crime against the bank separate from taking your property). ---
**Author:** ![CC](https://avatars.discourse-cdn.com/v4/letter/c/f1d935/32.png) [@CC](https://boards.straightdope.com/u/CC)\ **Post date:** [January 19, 2013, 11:23pm UTC](https://boards.straightdope.com/t/who-actually-owns-a-corpse/647702/12 "2013-01-19T23:23:55Z")
As in Arizona, in Illinois the body belongs to the next of kin. ---
**Author:** ![Blake](https://avatars.discourse-cdn.com/v4/letter/b/a9a28c/32.png) [@Blake](https://boards.straightdope.com/u/Blake)\ **Post date:** [January 19, 2013, 11:30pm UTC](https://boards.straightdope.com/t/who-actually-owns-a-corpse/647702/13 "2013-01-19T23:30:21Z")
> [@Little\_Nemo](#): > > It might not be. Larceny is generally defined as taking property that doesn’t belong to you. My understanding is theft is removing any property that you don’t have a right legally possess. Whether you own it is irrelevant. For example, I can be charged with theft if lease something to you, and then take it from you before the lease has expired. Just because I own something it does not give me a right to possess it. Depending on exactly what arrangement you have with the bank, you may well be charged with theft for taking stuff from your own deposit box. ---
**Author:** ![Giles](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giles/32/60_2.png) [@Giles](https://boards.straightdope.com/u/Giles)\ **Post date:** [January 19, 2013, 11:41pm UTC](https://boards.straightdope.com/t/who-actually-owns-a-corpse/647702/14 "2013-01-19T23:41:28Z")
> [@Blake](#): > > My understanding is theft is removing any property that you don’t have a right legally possess. Whether you own it is irrelevant. For example, I can be charged with theft if lease something to you, and then take it from you before the lease has expired. Just because I own something it does not give me a right to possess it. Can you back that up with a cite? Doubtless you could be sued for breach of contract, but I’m not sure that you have committed a crime. > [@Blake](#): > > Depending on exactly what arrangement you have with the bank, you may well be charged with theft for taking stuff from your own deposit box. That seems very doubtful to me. The bank has lawful possession of the contents of your deposit box, but that does not exclude your right to possess what you own. In any case, the normal arrangement with the bank would include the owner’s right to regain possession of the contents at any time. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [January 20, 2013, 3:11am UTC](https://boards.straightdope.com/t/who-actually-owns-a-corpse/647702/15 "2013-01-20T03:11:12Z")
> [@Giles](#): > > Doubtless you could be sued for breach of contract, but I’m not sure that you have committed a crime. Theft of services maybe but I’m not sure. The guy paid you to use your property but was he paying for the good or for the use of the good? The use of the good would probably qualify as a service but the good itself would not. If I was a real lawyer, I’d know these things. ---
**Author:** ![moriah](https://avatars.discourse-cdn.com/v4/letter/m/b2d939/32.png) [@moriah](https://boards.straightdope.com/u/moriah)\ **Post date:** [January 20, 2013, 4:23am UTC](https://boards.straightdope.com/t/who-actually-owns-a-corpse/647702/16 "2013-01-20T04:23:45Z")
Let me check… Yep. \ Oh… wait… I may be misinterpreting the question. ---
**Author:** ![Leo\_Bloom](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/leo_bloom/32/10377_2.png) [@Leo\_Bloom](https://boards.straightdope.com/u/Leo_Bloom)\ **Post date:** [January 20, 2013, 3:52pm UTC](https://boards.straightdope.com/t/who-actually-owns-a-corpse/647702/17 "2013-01-20T15:52:23Z")
> [@Little\_Nemo](#): > > Theft of services maybe but I’m not sure. The guy paid you to use your property but was he paying for the good or for the use of the good? The use of the good would probably qualify as a service but the good itself would not. > > If I was a real lawyer, I’d know these things. [nitpick] I think you mean “if I were a lawyer,” unless you are in doubt whether you were a lawyer at the time of those events. [/nitpick] ::heads for cover from Allied brick-bats:: ---
**Author:** ![Digital\_is\_the\_new\_Analog](https://avatars.discourse-cdn.com/v4/letter/d/a88e4f/32.png) [@Digital\_is\_the\_new\_Analog](https://boards.straightdope.com/u/Digital_is_the_new_Analog)\ **Post date:** [January 20, 2013, 4:23pm UTC](https://boards.straightdope.com/t/who-actually-owns-a-corpse/647702/18 "2013-01-20T16:23:36Z")
> [@Saint\_Cad](#): > > From personal experience at least in Arizona, the body belongs to the next-of-kin independent of any will. Did anyone else stop halfway through **Saint Cad’s** answer, and hope there was an admission of theft coming? ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [January 22, 2013, 7:14pm UTC](https://boards.straightdope.com/t/who-actually-owns-a-corpse/647702/19 "2013-01-22T19:14:30Z")
> [@Digital\_is\_the\_new\_Analog](#): > > Did anyone else stop halfway through **Saint Cad’s** answer, and hope there was an admission of theft coming? Not me. My dad’s ex-wife tried to steal the corpse. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [January 22, 2013, 8:13pm UTC](https://boards.straightdope.com/t/who-actually-owns-a-corpse/647702/20 "2013-01-22T20:13:31Z")
> [@Leo\_Bloom](#): > > [nitpick]I think you mean “if I were a lawyer,” unless you are in doubt whether you were a lawyer at the time of those events.[/nitpick] Subjunctives are subjective - that’s what I always say. [Next page](https://boards.straightdope.com/t/who-actually-owns-a-corpse/647702.md?page=2)