Legal Question in Wills and Trusts in New Jersey

My husband was cremated in Feb. 2014 ... The National Crematory in Hudson Fl will not release his ashes to me I am his legal wife they are saying that his children from a former marriage and I have to agree to the distribution of these ashes. I am the next of kin the children want all of them I will not agree to this and have asked the Crematory to send me the ashes and they are telling me they cant what do I do?


Asked on 10/22/14, 9:46 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

My condolences for your loss.

This situation may be governed by Florida law, if that is where he resided at the time of death, and certainly where he was cremated. Did he appoint an agent for disposition of his remains? If so, that document may resolve the issue. If not, perhaps you and the children could reach some kind of agreement so that you each receive a portion of the ashes to keep and dispose of as you each desire. It may not be ideal, but it would be better than nothing and better than fighting in court. With a signed agreement document, the Crematory will probably follow those directions.

You may need to involve a Florida attorney to assist you.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 10/22/14, 4:59 pm


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