A Pearl City man is suing the state to stop the impending cremation of his friend’s body.

Yong Hun Chong befriended Kum Sun Ebersberger in church years ago and allowed her to move into his home, where he took care of her until she died in August at age 77, said Chong’s attorney, Mark Kawata.

"He was helping her out," Kawata said. "She dies, old age. Subsequently, (Chong) wanted to bury her."

But Chong cannot arrange for her burial because he is not related to her. And because no relatives have claimed Ebersberger’s body, it appears her remains will be deemed unclaimed.

Under state law, unclaimed bodies must be cremated, with the state paying up to $800 for the service.

"All he wants to do is direct it to a mortuary," Kawata said. "He’ll pay for the burial."

A hearing in the case is scheduled for Wednesday.

"The judge, I think, is trying to find a way to let this poor guy pay," Kawata said.

Ebersberger’s body is at the Honolulu Medical Examiner’s Office, which did not conduct an autopsy or investigate her death because there was nothing suspicious about it.

A spokeswoman for the state Department of Human Services said mortuaries typically cremate the unclaimed bodies and are reimbursed by the state.

In the fiscal year that ended in June, the state paid $231,650 to assist with burials, including the cremation of unclaimed bodies, the spokeswoman said. She didn’t have information on how many unclaimed bodies that included.

Kawata said some setbacks have arisen in the case because relatives have come forward.

Ebersberger told Chong she didn’t have any siblings, and a South Korean family registry also said Ebersberger had no relatives.

But a woman who says she is Ebersberger’s sister has claimed her jewelry, and a second woman from Palos Verdes Estates in Southern California, who claimed to be Ebersberger’s niece, consented to a state cremation, Kawata said.

Ebersberger also has a stepson, but he is not interested in claiming her body, Kawata said.

He said the state is not objecting to Chong taking responsibility of the remains, but the judge is trying to ensure all legal parties are notified before the authority is transferred.

"(It’s) kind of just an all-around sad case," Kawata said.

Court documents said Chong would have five days to dispose of the body if the judge grants him responsibility. Chong could not be immediately reached for comment.

"It’s actually kind of an odd petition," Kawata said. "Even the judge is saying she hasn’t seen anything like it."