How can I get my dad’s ashes?

When he died his father was the power attorney. He did nothing but keep the ashes. Recently he passed and my younger brother got a hold of them. I am the oldest child and I just want to do what my father wanted to be done with him. In recent situations my brother has gone behind my back and excluded me from things. So I have a feeling that he is doing it again. I know this may seem pretty petty but my father deserves his final wishes. It’s been 13 years since he passed, so it;s really been a matter that I would like to take care of.

Asked on July 3, 2012 under Estate Planning, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your brother will not provide you with your father's ashes so that you can dispose of them as he desired, you will need to retain an attorney experienced in the field of Wills and trusts to bring the issue with respect to their disposal to a head.

Hopefully you have some writing signed by your father setting forth how he wishes that his remains be disposed of. Having such a document will assist in the event you have to consider bringing a legal action against your brother for the final disposal of your father's remains.

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