If my mom’s ashes were given to her boyfriend, how do I go about getting them from him?
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If my mom’s ashes were given to her boyfriend, how do I go about getting them from him?
From what I have heard and researched only living family members have the right to clam them.
Asked on June 18, 2014 under Estate Planning, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
I am so sorry for your loss. There is very little case law on the matter and factors - such as who paid for the funeral or wishes of the decedent in a Will - may come in to play. If there is a Probate proceeding in place perhaps you can file a petition in the court for the return of the remains or become the Personal Representative and do so. Good luck.
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