Legal Question in Criminal Law in California
I recently found out my father passed away. It begins with him violating parole, i would say in the 60's. He was and is still legally married to my mother. He left Los Angeles and moved to Arizona where he assumed another identity and married. He left that women and moved to Michigan, still assuming that identity and married again. Now she has his ashed. Can I do anything to get those ashes? What do i need to do? She will not give them up without a fight.
2 Answers from Attorneys
I'm sorry for your loss, especially in light of the surrounding circumstances.
There probably isn't anything you can do personally. Your mother probably has some rights to your father's estate (if any), but whether she has the right to control his remains is a question of Michigan law and will have to be decided in a Michigan court.
If he had a will which says how his remains were to be handled, then the courts will likely enforce it. The will might also include some provisions for you and your mother, though your mother may have additional rights beyond what the will gave her.
Your mother should contact a Michigan lawyer right away.
You are going to have to contact a Michigan attorney, if he died in Michigan and his remains are in Michigan. I suggest reposting in the Michigan category if that is the case.
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