Trial hinged on whether biological children had been estranged from father

LENNOX, S.D. – A South Dakota jury has vindicated a funeral director for his decision to bury a man contrary to the wishes of the deceased man’s biological children.

The federal jury found in favor of defendants Dindot-Klusmann Funeral Home in Lennox and its director and co-owner, Jay Klusmann, on four counts Thursday.

The funeral home was sued last year by Tamera Haase, the biological daughter of William Shumaker. Haase was one of Shumaker’s three biological children. In addition, he had four stepchildren from his second marriage to Javene Shumaker.

Javene Shumaker died in 2014. Prior to that, Shumaker had executed a final version of his will. The will directed that his property be shared equally among his stepchildren, and it included a section making no provision for his three biological children. It did not, according to court records, leave instructions on who was to decide his final arrangements of his remains.

Following the death of Javene, Shumaker bought a cemetery plot for both himself and his late wife. He also bought a headstone with both of their names, and Klusmann arranged the funeral.

Shumaker outlived his second wife by nearly a decade, dying in 2023 at the age of 72. His body was discovered by a stepdaughter, Nicole Barnhart, who had been asked by Shumaker’s employer to perform a wellness check.

His body was transported to the funeral home and Barnhart arranged to meet with Klusmann the next day to plan a funeral similar to Javene’s. Barnhart also informed Haase, who lived in Shorewood, Minnesota, that her father had died.

Haase called Klusmann, who was surprised Shumaker had biological children – they hadn’t attended Javene’s funeral. Haase, according to court records, expressed uncertainty about her father being buried next to Javene, who she had not liked, and she also suggested she didn’t want the funeral in a church.

Klusmann also testified that Haase told him she had not spoken to her father in 20 years, a claim she later denied.

Upon learning Shumaker had biological children, Klusmann canceled the meeting with the stepchildren, telling them that Haase and her two brothers would “have a say” in Shumaker’s final arrangements.

Under South Dakota law, a decedent’s remains are first decided by the wishes of that person. If a person hasn’t made his or her wishes known, a surviving spouse decides. If there isn’t one, the line of succession falls to any biological children.

Klusmann was surprised by the arrival of the stepchildren on Nov. 24 at the funeral home. They insisted that Shumaker’s will specified they had decision-making authority. Klusmann testified that he called Haase, who was on her way to Lennox with her brothers to meet with him.

Haase alleged that Klusmann canceled their meeting, but Klusmann testified that the meeting was open to both the stepchildren and biological children, but Haase refused to be in a meeting with the stepchildren.

Klusmann testified that he “looked at the situation” and decided that Shumaker’s purchase of a cemetery lot next to Javene, as well as the headstone with both their names, had signaled his wishes. A visitation was scheduled for Nov. 27 and a funeral the following day.

Haase tried to stop the visitation and funeral, objecting to the presence of the stepchildren, according to court documents. Klusmann declined to halt the services, and they proceeded as planned. Haase did not attend.

During the trial, the defendants argued that Haase had been estranged from her father. In his jury instructions, Judge Roberto Lange wrote: “A person who is estranged from the decedent has no right to control the funeral or internment.”

The jury agreed with the funeral home and Klusmann, rejecting Haase’s claims that she should have controlled the funeral. The jury also found for the defendants on Haase’s claims of negligent misrepresentation, fraudulent misrepresentation and negligent infliction of emotional distress.