What are childrens’ rights to their deceased father’s ashes.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are childrens’ rights to their deceased father’s ashes.
My children’s dad died several years ago and he was cremated. His wife gave the ashes to the children’s aunt (their father’s sister). Now, she will not give them to the children. What are my children’s rights? They are adult (19 and 20) college students and have nothing to remember their dad. Do they have a legal right to their dad’s remains as his next of kin?
Asked on November 11, 2010 under Estate Planning, Massachusetts
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I am sorry for the problems you are having with this. This is a difficult problem to resolve. You are correct that his children are his next of kin, the same as his wife. This may be more of a "who paid for the cremation" issue than a moral issue as to who "owns" the ashes. If his wife at the time paid for the cremation then she has a legal right to the ashes. And if she has a legal right then she can give them to whomever she wishes. It is a shame that their Aunt can not see it in her heart to give them their Father's remains but I believe that they were a gift from the "owner" and she does not have to give them up. You may want to run this by an attorney in your state. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.