What to do if my sister and I “agreed” at the time of my mother’s cremation to not split the remains but now she has changed her mind?

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What to do if my sister and I “agreed” at the time of my mother’s cremation to not split the remains but now she has changed her mind?

We agreed both verbally and in writing. My sister is suing me to have 1/2 of the remains returned to her; my mother left no wriitten instructions. Do I have any legal options?

Asked on October 22, 2013 under Estate Planning, Washington

Answers:

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

Answered 7 years ago | Contributor

I am so sorry for your situation.  This must be a very difficult time for both of you.  If the agreement can be termed a contract and it is found to be binding on both parties then you probably do have a leg to stand on.  But your sister may try and set aside the document or argue it was written under emotional times, etc., and that it is not a binding agreement.  This may cause you both a great deal of money in lawyers.  It may be best to come to some sort of compromise.  Good luck.


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