Who is entitled to the deceased’s ashes?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Who is entitled to the deceased’s ashes?
My mom died without a Will and was cremated. My dad died 4 months later and his Will says he wants mom buried with him. I do not want this to happen. Am I entitled to any of her remains? There are 2 children, myself and a sister.
Asked on September 15, 2010 under Estate Planning, Illinois
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Off the top of my head I would say that the next of kin - and that is determined by the law in your state - is entitled to the ashes of the decedents. Now, who is the executor of the Will? The executor - or personal representative - is obligated to fulfill the last wishes of the testator. But here you are in a tough place because your Mom died "intestate" or without a Will and directions that wer written down. If, however, you Mother had given direction to someone - such as another siblig - that sibling could bring a proceeding to bury her with your Father as per her wishes. Maybe you should all sit down to decide what is best for everyone involved. 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.