If a crematorium failed to provide me with my mother’s ashes as promised, what legal action can I take?

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If a crematorium failed to provide me with my mother’s ashes as promised, what legal action can I take?

Asked on April 17, 2012 under Estate Planning, California

Answers:

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

Answered 9 years ago | Contributor

Oh my goodness!  I am so sorry for your loss and for th situation as it now stands.  This would be a case of breach of contract: you contracted with them for a service that they obviously did not provide.  So speak with ana ttorney on this matter. In many breach of contract cases one party can force the other to comply but with the set of facts you have presented it is hard to determine if this is an alternative.  But you definitely have a damages claim.  Good luck.


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