Who has the right to someone’s ashes?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Who has the right to someone’s ashes?
Stepdad was cremated and his wife, my mother, is incompetent and in a care unit. His brother and sisters want to bury him where they choose. I want to bury him in a plot that will also be where my mom is buried. Since my mom is still living even though she is incompetent do I have the right to bury him with her and where I want them to be buried. I have my stepdad’s ashes. I also have the financial responsiblity for burial. Married for 50 years. No will.
Asked on October 11, 2011 under Estate Planning, Georgia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your loss and for the situation as it is. When you say that you have the financial responsibility for the burial what is that pursuant to if there is no Will? Are you appointed as a personal representative of the intestate estate? Or did you voluntarily take that on? Is it on behalf of your other through a Power of Attorney or guardianship? If you are the one paying for the cremation and the burial then the ashes should go to you. His wife - your Mother - should have the primary right to her husband's ashes and if you are her Power of Attorney or Guardian then you have the say so. Good luck to you.
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.