If my mom’s ashes were given to her boyfriend, how do I go about getting them from him?

From what I have heard and researched only living family members have the right to clam them.

Asked on June 18, 2014 under Estate Planning, New York


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

Answered 6 years ago | Contributor

I am so sorry for your loss.  There is very little case law on the matter and factors - such as who paid for the funeral or wishes of the decedent in a Will - may come in to play.  If there is a Probate proceeding in place perhaps you can file a petition in the court for the return of the remains or become the Personal Representative and do so.  Good luck.

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