How can I get my parents ashes back from a troublemaking neighbor, who is not a relative?

My dad’s neighbor has been holding my parents ashes for 3 years. I asked for them and she said no. How can I get them? Are ashes personal property? This neighbor wrote the Will , which is invalid since my dad never signed it. My brothers and I would like for me to hold them because I am in the closest state and a blood relative. How can I get them?

Asked on March 23, 2012 under Estate Planning, Colorado


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

Answered 8 years ago | Contributor

Oh my goodness!  How horrible for you.  Has anyone opened up a probate proceeding for yor parents?  It is unclear that you have although you mention that there is a Will.  Some one needs to be appointed as the personal representative of their estates and then to demand the ashes or bring action against them for their return.  The PR has that power.  Please seek legal help here.  Good luck.

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