Legal Question in Wills and Trusts in Missouri

My Mother passed away in Missouri and all four siblings had to sign & be in agreement for her to be cremated. Two siblings were present at the funeral home when all the paperwork was completed but the home only had one sign the remaining paperwork. A disagreement has developed over the ashes, services, etc. and the home was made aware of it. The home told us they would only release the ashes to the person that signed the paperwork. Legally, is it correct to give the ashes to one person when it is known that there is a dispute over the distribution of the ashes and 4 siblings involved??? How can this be corrected? We all had to agree to the cremation & did so thinking we would all be treated alike & equally.

Asked on 7/03/14, 9:22 am

1 Answer from Attorneys

Anthony Smith LawSmith

Based upon the facts you described, the funeral home/ crematory is within their rights to release the ashes to the person that requested the work. If you disagree with that person's plans for disposition, you will need to get your action filed with the Court very soon. Until a Court Orders otherwise, the parties you have described can act within their authority. It is up to you (and/or any other heirs so inclined) to raise the issue with the proper Judge or Commissioner.

Good luck

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Answered on 7/03/14, 1:28 pm

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