Legal Question in Wills and Trusts in Arizona

Burial removal

My mother was buried in a cemetery. At the time she was legally married. However, she had placed an order of protection on her spouse. Her children made the arrangements for her. Now her legal husband wants the body removed from the cemetery because he says he is the husband.

I am the PR for the estate. I am the executor of the trust and will. My sister was medical power of arrorney. Do we have any rights to keep my mother in her resting place ?


Asked on 3/26/07, 2:35 pm

1 Answer from Attorneys
Brian Blum Blum Law Office, PLC

Re: Burial removal

It's too late now for Husband to complain. In fact, if Husband had the financial means to bury his Wife and he neglected to do so within a reasonable time, the Children could sue him for double the funeral expenses incurred. See Arizona Revised Statutes ยง 36-831.

http://www.azleg.state.az.us/ars/36/00831.htm

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Answered on 3/26/07, 5:30 pm


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