Legal Question in Family Law in Alabama

Can a living spouse deny the children of a deceased spouse from funeral services?

Asked on 5/15/13, 4:31 pm

1 Answer from Attorneys

Jennifer Tompkins Stewart Littell Courson and Tompkins LLC

If the children are the children of the marriage, the spouse is considered next of kin. If the children are the deceased spouses but not the living spouses, then probate law says both stand to inherit. So for the funeral this would be an issue between the spouse and children or an emergency petition would have to be filed in probate court.

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Answered on 5/15/13, 5:23 pm


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