My father’s cremated remains are being held by my brother. Mom is devasted. Brother will not release for trip to NY to have services for my father.

When My Father passed the family agreed to my brother holding the remains until this trip to NY. In the meantime there has been hurt feelings over the settlement of his estate. Now my Mother is devastated because my brother is refusing to give her the ashes. What legal rights does she have and can she force him to return them to us before the trip. We all have to leave on Wednesday this week. Help. What do we do?

Asked on July 5, 2009 under Estate Planning, Florida

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to contact an attorney right away in your area.  Try www.attorneypages.com.  An estate attorney can try to get an emergency court order for your mother to get the ashes.  She has the right to them.  Don't waste time.  Contact an attorney immediately.


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