Legal Question in Wills and Trusts in Massachusetts

Can a person own someone's ashes? My mother passed away last October. My brother and I both live on the west coast and found out at this time that my mother had signed a survivorship deed on her house with our older brother. He has been in jail for assault on a woman and think he forced this on her after my brother and I were not there. We found a restraining order against him in her things dated about 2 years after the papers were signed. She never told us the whole story. We thought he was just on the deed and would have ownership of just the house. Since she signed her will the same day as the deed, we think she thought that too. We found out that even though she had a will with an equal split, it didn't matter our brother owned the house and everything in it. Now he has her ashes and will not burry her next to our father unless we pay for it. I am willing to do this as it was my mother's wish. If we pay the cemetery directly does my brother who has her ashes have to burry her as she wanted or can he refuse? If he refuses, is there any action that can be taken?


Asked on 7/25/15, 10:41 am

1 Answer from Attorneys

First you can challenge the deed and the Will based on undue influence. If the estate has been opened based on the Will, it is the executor who is entitled to determine where your mother's ashes are to be handled. If your brother is the executor, you can challenge his appointment as executor because he is in jail.

If you want to discus this in more detail, I would be happy to talk to you without obligation or charge for an initial discussion.

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Answered on 7/25/15, 1:00 pm


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