Legal Question in Wills and Trusts in Arizona

Item Bequethed Not Given

A dear friend of 12 years passed away. He was cremated and made it known to his daughter/extended family that our family was to receive was to receive a small portion of his crematory ashes. We purchased a small urn after his memorial service and his daughter stated that our friend had also indicated that he wanted to cover the expense of this. The reimbursement I don't care about, but we have yet to receive the ashes. I have called twice (left messages) and written twice; receiving no response. I have kept conversations kind and to the point. Our family needs this person to follow through so that we can have closure. I'm not quite certain how best to proceed with this matter in order to try and compel the daughter to follow through with our friend's final wishes. Any advice would be greatly appreciated and we thank you, in advance, for your time in answering!--name removed--and Kealy


Asked on 2/13/07, 7:35 pm

1 Answer from Attorneys
James Jenkins Jenkins Law Center PLC

Re: Item Bequethed Not Given

I am not sure you can do anything to "compel" his family to give you part of the ashes.

Funeral and related arrangements for burial or cremation are the perogative of the surviving family. Arizona does not have a law like California shich provides for a power of attorney which is binding for post-death arrangements, and your "bequest" was made orally, which is unenforceable. It was not a condition stated in writing in a will or trust. In the absence of other facts, your request is that, and the family's compliance is voluntary on their part.

Also, this is an unusual request, that part of someone's remains go to friends, so it is not surprising that other family may not have accepted the proposal in the same light that you intended.

Best regards,

James D. Jenkins

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Answered on 2/14/07, 12:00 pm


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