Legal Question in Family Law in California
Divorce by time
If a male was claimed as a dependent on his mothers taxes and livid at his mothers address since 1989 and recently past away and now his wife (never got a divorce or legal sepperation)wants to make the decisions on his burial which are against his last wishes, now my question is basiclly can she do that or are they considerd divorce and the mother has now all the right to say what happens to his body?
Asked on 6/18/05, 8:10 pm
1 Answer from Attorneys
Lyle Johnson
Bedi and Johnson Attorneys at Law
Re: Divorce by time
By law the wife is the next of kin and has control over her husband. Whether the facts you cite would make a difference would require research. If his last wishes were in a will then you would have some authority to make her abide by his last wishes.
Answered on 6/29/05, 9:03 pm