If my live-in boyfriend of 16 years passed away, am I entitled to keep his ashes?
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If my live-in boyfriend of 16 years passed away, am I entitled to keep his ashes?
His ashes were given to me by his sister to hold until the family comes in about 7months for a ceremony. However, now another sister wants them to go to “family”. My (our) address is on his death certificate. He had no biological children. Do I have to give them to his family?
Asked on December 18, 2015 under Estate Planning, Maryland
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
The fact is that unless you were married, you are not the legal "next of kin". Accordingly, you must turn your boyfriend's ashes over to his family. The only exception, is if you have something in writing giving you a legal claom to them. While seemingly unfair; it is the law.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Yes, you unfortunately must give them the ashes, unless his will left them to you. Being a live-in girlfriend is not a legal relationship, and gives you no right to his ashes; regardless of how close the two of you were, you are not his next of kin.
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