Legal Question in Disability Law in California

Recovery of Urn and Remains

My brother and I had my mother cremated when she died. My mothers ashes were handed to my aunt over two years ago in an urn that was roughly $500.00. She was handed the remains to allow her a time of mourning and time to get a keepsake of the remains and give the urn and remaining remains back to me. Since then she has not returned emails or phone calls in regards to getting my mothers remains and urn back...

I have since learned that she has given the remains to ANOTHER family member in another state (AR). And this family member is holding the urn hostage. She will not make any attempts to return it to its rightful owner. I never agreed to giving the urn to any other family member, especially one with a criminal record.

What legal attempts can I take to get this urn back? Can I have a lawyer contact them and demand it be delivered back to me? Can i sue the aunt i originally handed it to?


Asked on 7/28/08, 3:07 pm

1 Answer from Attorneys

Samuel Salazar Law Offices of Samuel L. Salazar

Re: Recovery of Urn and Remains

You have some tricky issues. You had an agreement, even though it wasn't written,you would have to prove that there was an agreement that the relative was to return the Urn and ashes back to you.

You should hire a lawyer in California if that is where the transcation took place. You can file in Civil Court to have the urn and ashes returned.

Now that another State is involved, you have another problem of obtaining jurisdiction in California.

Since I do not do Civil and this is not really a discrimination law case, just contact a good Civil attorney in your State.

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Answered on 7/30/08, 11:17 am


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