IDoes a brother (blood) have a right to his sisters ashes. Even if the husband does not want togive her up?

Get Legal Help Today

 Secured with SHA-256 Encryption

IDoes a brother (blood) have a right to his sisters ashes. Even if the husband does not want togive her up?

/wife cremated by husband, He holds the ashes. no funeral no service no nothing. The wif’e true blood brother and only living direct relative. wants to have her buried in the cemetary plot with her parents. the husband refused. could the brother have any right to getting her buries. proper.

Asked on June 17, 2009 under Personal Injury, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The husband is the next/nearest of kin. Unless there was something in your sister's will to the contrary, her husband decides what to do with her remains. You can--and should--talk with him, but legally, it is his decision.

I am very sorry, and you have my sympathy on your loss.

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

Answered 12 years ago | Contributor

Did she leave anything in writing regarding her final wishes?  A will?  A trust?  A letter of any kind?  If not, and she was still married at the time of her death, her husband has a right to her ashes, I'm afraid.  I would talk to him and let him know you would like to have the ashes buried.  If there are other surviving family members, get them in on this too.  There's power in numbers.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption