Legal Question in Civil Litigation in California
taking possession of mother's ashes
What are my rights as to claiming my mom's ashes from the trustee/ husband of 5 yrs. She died and had memorial service in CA. which I could not attend and no consideration was given to me or my family to change the date. She is to be buried in IN. per her wishes, next to my Dad., but neither myself or anyone of my mom's releatives want the ''husband'' to attend the services in Indiana. What are my brother's amd my right to claiming mom's ashes and not having the h8usband attend this memorial service?
2 Answers from Attorneys
Re: taking possession of mother's ashes
Your late mother's ashes will be handles in the manner she chose in her will. If she had no will or if the will was silent as to who will have custody of her ashes pending her burial, then the responsibility is her husband's.
You cannot exclude the husband from your mother's burial. If anyone has such a right, it is he who could choose to exclude you. Be glad that he hasn't.
Regardless of how you feel about this man, he was her husband. Spouses of the deceased generally have more rights than do their surviving children. There is probably nothing you can do to get around this fact. As Mr. Lee suggested, you need to come to terms with the situation.
Re: taking possession of mother's ashes
The estate owns the ashes. Sounds like husband is the estate. It is time to find detente, regardless of the bad feelings in the family.
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