Legal Question in Discrimination Law in California

Mother passes away

My mother passes and her husband buried her in jewish trad and put her in the ground in a jewish part of cematery and put my grandmothers ashes in the same plot. Now he did this with out asking for 1 mother is native american & catholic,her mother also being the son of imedite family do I have any say so to move her to put them in the right places they should have different plots?


Asked on 5/14/09, 1:06 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Mother passes away

I am not an expert, or even knowledgeable, about this area of the law, but unless there is a statute [you can goggle it] I would think that the spouse has the right to do what they want with their mate's body unless there is a Will directing otherwise. In general, if in a family all the children had the right to decide as to their parents, you could have several different opinions or one child not willing to decide quickly and then how would that be resolved? Maybe your mother told him in private what she wanted done. Have you asked him why he did what he did and what your other wanted done? The fact that you refer to him as being "her husband" implies you are not on the best of relations.

As to your grandmother, is he the closest living relatlive? If not, then he probably did not have the right to what he did, but are you her closest relative? If not, you probably can not do anything about it. It is the same type of situation as occurs to the family home; absent a Will or Trust, the house goes to the surviving mate, not the children

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Answered on 5/14/09, 2:27 pm


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