1
AAMI MORTUARY LAW FINAL ACTUAL EXAM
2026/2027 | 100% CORRECT ANSWERS.
AAMI Mortuary Law Final – American Academy McAllister Institute –
Complete Questions & Verified Answers
This comprehensive study guide covers the essential legal concepts required to successfully
complete the AAMI Mortuary Law final examination and prepare for the National Board
Examination (NBE). Based on the official AAMI curriculum aligned with ABFSE standards, this
document includes multiple-choice questions, true/false items, and legal definitions covering
business law, contract law, bailments, tort liability, the FTC Funeral Rule, state-specific
regulations, and legal procedures commonly tested in mortuary science programs.
SECTION 1: RIGHT OF DISPOSITION, EMBALMING AUTHORITY & ANATOMICAL GIFTS
Q1. Under New York State law, who has the paramount right to control disposition of a
decedent‘s remains?
A. The decedent’s surviving spouse
B. Any adult child of the decedent
C. A person designated in a written instrument signed by the decedent (e.g., a health care proxy,
advance directive, or written instrument) [CORRECT]
D. The executor named in the will
• Correct Answer: C
• Rationale: New York Public Health Law § 4201 establishes a priority list for disposition.
The first priority is a person designated in a written instrument signed by the decedent
(e.g., a health care proxy, advance directive, or written instrument). Only if no such
designation exists does the surviving spouse (A) have authority. Adult children (B) rank
below the surviving spouse. The executor (D) does not automatically have disposition
authority unless designated in a separate instrument.
Q2. May funeral goods that are sold by a funeral home carry an implied warranty of
merchantability?
A. True [CORRECT]
B. False
,2
• Correct Answer: A (True)
• Rationale: Under the Uniform Commercial Code (UCC) and the Magnuson-Moss
Warranty Act, funeral goods sold by a funeral home carry an implied warranty of
merchantability, meaning they are fit for the ordinary purposes for which such goods are
used.
Q3. Human remains shall not be embalmed without the express authorization of which
person?
A. Any licensed funeral director who has physical custody of the body
B. The decedent's attending physician
C. The person having legal right to control disposition [CORRECT]
D. The county medical examiner
• Correct Answer: C
• Rationale: Under most state laws, including California Health & Safety Code § 7304 and
Mississippi Code § 73-11-73, human remains shall not be embalmed without the express
authorization of the person having the legal right to control disposition of the remains.
Q4. True or False: A funeral director may release a dead human body to a school of mortuary
science without obtaining written consent.
A. True
B. False [CORRECT]
• Correct Answer: B (False)
• Rationale: Under Texas Occupations Code § 651.407(b) and similar statutes in other
states, a funeral director or embalmer may not release a dead human body for delivery
to a school or college of mortuary science without possession of the required written
consent.
Q5. What is the term describing the inheritance of assets when no living heirs of a decedent
can be found?
A. Per capita distribution
B. Escheat [CORRECT]
C. Per stirpes distribution
D. Intestate succession
• Correct Answer: B
• Rationale: When no living heirs can be found, the assets of a decedent pass to the state
through the power of escheat.
, 3
Q6. True or False: If a funeral director has a question as to which person has the paramount
right to control disposition of a dead human body, the funeral director should immediately
proceed with disposition to avoid delay.
A. True
B. False [CORRECT]
• Correct Answer: B (False)
• Rationale: If the funeral director has a question regarding the right to control
disposition, the funeral director should hold the body and not effect its disposition until
the proper authorities have determined who had the right to control arrangements and
that person has authorized the disposition.
SECTION 2: CONTRACT LAW & WARRANTIES
Q7. Under New York State law, what types of warranties are covered by the Magnuson-Moss
Warranty Act?
A. Only express warranties
B. Both express and implied warranties [CORRECT]
C. Only implied warranties
D. Only warranty of merchantability
• Correct Answer: B
• Rationale: The Magnuson-Moss Warranty Act is a federal statute that governs both
express and implied warranties, not merely express warranties.
Q8. The Magnuson-Moss Warranty Act requires that warranties be labeled in what manner?
A. ‘Express‘ and ’Implied‘
B. ‘Full‘ and ‘Limited‘ [CORRECT]
C. ‘Partial‘ and ‘Complete‘
D. ‘Standard‘ and ‘Extended‘
• Correct Answer: B
• Rationale: The Magnuson-Moss Warranty Act requires that warranties be labeled as
either ‘full‘ or ‘limited.‘
Q9. True or False: Under the Magnuson-Moss Warranty Act, a funeral home may disclaim
warranties using specific language presented to consumers in a clear and conspicuous
manner.
AAMI MORTUARY LAW FINAL ACTUAL EXAM
2026/2027 | 100% CORRECT ANSWERS.
AAMI Mortuary Law Final – American Academy McAllister Institute –
Complete Questions & Verified Answers
This comprehensive study guide covers the essential legal concepts required to successfully
complete the AAMI Mortuary Law final examination and prepare for the National Board
Examination (NBE). Based on the official AAMI curriculum aligned with ABFSE standards, this
document includes multiple-choice questions, true/false items, and legal definitions covering
business law, contract law, bailments, tort liability, the FTC Funeral Rule, state-specific
regulations, and legal procedures commonly tested in mortuary science programs.
SECTION 1: RIGHT OF DISPOSITION, EMBALMING AUTHORITY & ANATOMICAL GIFTS
Q1. Under New York State law, who has the paramount right to control disposition of a
decedent‘s remains?
A. The decedent’s surviving spouse
B. Any adult child of the decedent
C. A person designated in a written instrument signed by the decedent (e.g., a health care proxy,
advance directive, or written instrument) [CORRECT]
D. The executor named in the will
• Correct Answer: C
• Rationale: New York Public Health Law § 4201 establishes a priority list for disposition.
The first priority is a person designated in a written instrument signed by the decedent
(e.g., a health care proxy, advance directive, or written instrument). Only if no such
designation exists does the surviving spouse (A) have authority. Adult children (B) rank
below the surviving spouse. The executor (D) does not automatically have disposition
authority unless designated in a separate instrument.
Q2. May funeral goods that are sold by a funeral home carry an implied warranty of
merchantability?
A. True [CORRECT]
B. False
,2
• Correct Answer: A (True)
• Rationale: Under the Uniform Commercial Code (UCC) and the Magnuson-Moss
Warranty Act, funeral goods sold by a funeral home carry an implied warranty of
merchantability, meaning they are fit for the ordinary purposes for which such goods are
used.
Q3. Human remains shall not be embalmed without the express authorization of which
person?
A. Any licensed funeral director who has physical custody of the body
B. The decedent's attending physician
C. The person having legal right to control disposition [CORRECT]
D. The county medical examiner
• Correct Answer: C
• Rationale: Under most state laws, including California Health & Safety Code § 7304 and
Mississippi Code § 73-11-73, human remains shall not be embalmed without the express
authorization of the person having the legal right to control disposition of the remains.
Q4. True or False: A funeral director may release a dead human body to a school of mortuary
science without obtaining written consent.
A. True
B. False [CORRECT]
• Correct Answer: B (False)
• Rationale: Under Texas Occupations Code § 651.407(b) and similar statutes in other
states, a funeral director or embalmer may not release a dead human body for delivery
to a school or college of mortuary science without possession of the required written
consent.
Q5. What is the term describing the inheritance of assets when no living heirs of a decedent
can be found?
A. Per capita distribution
B. Escheat [CORRECT]
C. Per stirpes distribution
D. Intestate succession
• Correct Answer: B
• Rationale: When no living heirs can be found, the assets of a decedent pass to the state
through the power of escheat.
, 3
Q6. True or False: If a funeral director has a question as to which person has the paramount
right to control disposition of a dead human body, the funeral director should immediately
proceed with disposition to avoid delay.
A. True
B. False [CORRECT]
• Correct Answer: B (False)
• Rationale: If the funeral director has a question regarding the right to control
disposition, the funeral director should hold the body and not effect its disposition until
the proper authorities have determined who had the right to control arrangements and
that person has authorized the disposition.
SECTION 2: CONTRACT LAW & WARRANTIES
Q7. Under New York State law, what types of warranties are covered by the Magnuson-Moss
Warranty Act?
A. Only express warranties
B. Both express and implied warranties [CORRECT]
C. Only implied warranties
D. Only warranty of merchantability
• Correct Answer: B
• Rationale: The Magnuson-Moss Warranty Act is a federal statute that governs both
express and implied warranties, not merely express warranties.
Q8. The Magnuson-Moss Warranty Act requires that warranties be labeled in what manner?
A. ‘Express‘ and ’Implied‘
B. ‘Full‘ and ‘Limited‘ [CORRECT]
C. ‘Partial‘ and ‘Complete‘
D. ‘Standard‘ and ‘Extended‘
• Correct Answer: B
• Rationale: The Magnuson-Moss Warranty Act requires that warranties be labeled as
either ‘full‘ or ‘limited.‘
Q9. True or False: Under the Magnuson-Moss Warranty Act, a funeral home may disclaim
warranties using specific language presented to consumers in a clear and conspicuous
manner.
