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| 3. Estranged spouse or domestic partner. Notwithstanding |
| subsection 2, if the surviving spouse or surviving domestic partner |
| and the subject were estranged at the time of death, the spouse or |
| domestic partner may not have custody and control of the subject's |
| remains. In these cases, custody and control belong to the next of |
| kin following the spouse or domestic partner. |