Can Executor Prevent His Brothers from Attending Dad's Funeral?
By Jack Dooley
The Pennsylvania Superior Court was recently asked to decide a family dispute involving funeral and burial arrangements.
Irvin Singer ("Irvin") had three sons—David, Jacob, and Paul—all of whom survived him when he passed away in March 2025. Unfortunately, the brothers had an acrimonious relationship and had been engaged in litigation against one another arising from the management of real estate owned by a trust of which each was a beneficiary.
Irvin appointed David as Executor under his Last Will and Testament and further directed that he be buried in the family plot at Laurel Hill Cemetery in Philadelphia. David, acting as Executor, moved forward with the funeral and burial arrangements but refused to share any details with his brothers. In fact, he allegedly instructed Laurel Hill staff not to inform Jacob or Paul of the arrangements and advised that they were not invited to attend any services.
Jacob filed an Emergency Petition with the Philadelphia Orphans' Court seeking to override David's position. After conducting a hearing, the Court declined to grant the Petition, finding that it lacked jurisdiction because Irvin was a Florida resident. Jacob appealed and asked the Superior Court to find that he and his brother Paul had the right to participate in decisions regarding their father's funeral arrangements.
In support of his position, Jacob relied on Section 305 of the Pennsylvania Estates and Fiduciaries Code, which provides, in pertinent part:
“...subject to the provisions of a valid Will executed by the decedent... if there is not a surviving spouse, the next of kin shall have sole authority in all matters pertaining to the disposition of the remains of the decedent. If more than two persons with equal standing as next of kin disagree on disposition of the decedent’s remains, the authority to dispose shall be determined by the majority.”
The Superior Court rejected this argument, reasoning that because Irvin had named David as Executor and had specified Laurel Hill Cemetery as his final resting place, David was solely empowered to make decisions regarding the funeral and burial.
Many readers, as I do, may question whether this result truly reflected Irvin's intentions. If Irvin had been asked while preparing his Will whether David should have the authority to bar his brothers from attending the funeral, would his answer have been, "Yes, leave it all up to David," or something else entirely?
Of course, we have no way of knowing for certain. Regardless, this case provides an important lesson. Good estate planning documents should anticipate difficult circumstances and provide clear guidance when family members disagree.
What if a child predeceases a parent? What if a beneficiary develops a drug or alcohol dependency? What if children who are beneficiaries simply do not get along? Although these possibilities are unpleasant to consider, the role of the estate planner is to prepare documents that continue to function effectively even under challenging circumstances, thereby reducing the likelihood of family conflict and the need for court intervention.
Careful estate planning is not only about distributing assets—it is about providing clarity, minimizing disputes, and ensuring that your wishes are carried out as intended. Whether you need a Will, Trust, Powers of Attorney, or other estate planning documents, the attorneys at Dischell Bartle Dooley are available to help you create a plan tailored to your family's unique circumstances and goals.