IDoes a brother (blood) have a right to his sisters ashes. Even if the husband does not want togive her up?
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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 14 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 14 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.
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