Can a former executor take the remains of a person, when a new Will gives another person executorship?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a former executor take the remains of a person, when a new Will gives another person executorship?

My husband and I were together over 10 years. When I met him he was a widower, who had divorced his first wife long before she died. He has 6 biological children and 1 (a girl) from an affair his wife had. He raised her as his own. This child was the former executor of his Will. After 5 years of marriage the Will was re-written giving me, his spouse, full custody of everything that he owned (I would think that would mean his cremation ashes). Upon his death he wanted me to have his ashes and put his ashes in the coffin along with the ashes of our dogs. She went and claimed his ashes and will not return them. What are my rights?

Asked on November 23, 2010 under Estate Planning, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am so sorry for your loss and for the problems that have resulted.  I am assuming that you paid for the funeral and for the cremation, correct?  Generally speaking who ever pays for the ashes gets the ashes.  Are you the Executrix of the Will?  I am assuming so since you said it was re-written.  Then you have the power to act on behalf of the estate and following the wishes of your husband - the testator or decedent - and place his ashes as he wishes.  This means that you can act as necessary to retrieve the ashes from your step-daughter.  Seek legal help and have the attorney for the estate write the letter on behalf of "the estate" in the first instance.  It may cause less of a family issue or exacerbate that which already exists.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption