can personal representative claim deceases ashes

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can personal representative claim deceases ashes

Aunt died and her sister says she gets ashes.I m the personal repr.of her estate.Having dispute with funeral home and her.

Asked on February 26, 2018 under Estate Planning, North Dakota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is the PR who is responsible for not just the estate, but who is also administratively responsible for the final arrangements for the deceased. If the deceased's will sets out what she wants done with her remains, the PR will see that those instructions are carried out. If there no instructions in the will (or no will), the PR will carry out the wishes of the next of kin. In this case, if there are no surviving children or spouse, that would be the sister, so you are the one who should be arranging things--but you should be arranging them as the sister wants (including providing the ashes to her), unless there is a will to the contrary.


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