Which of the following is the third priority in the order of controlling remains?

• A. Either of the decedent's parents
• B. Any of the decedent's surviving children eighteen years of age or older
• C. A court appointed guardian
• D. A close friend or relative who is familiar with the decedent's wishes

Answer: (B)

The main idea is understanding the statutory order of who may control the disposition of a decedent’s remains in New York. The line starts with the surviving spouse. If there is no spouse, the next in line is the decedent’s surviving parents. After those, the next group permitted to control is the surviving adult children ( eighteen years or older). Therefore the third priority among the options is a surviving child who is 18 or older, since they come after the spouse and the parents in the hierarchy. Guardians are appointed only if no eligible kin with priority exists, and a close friend or relative lacks statutory priority to control disposition, even if they know the decedent’s wishes.