Legal Question in Civil Litigation in California
Can we get our family members remains?
My question is:
If a surviving spouse has not met her financial/legal obligation to the cremated remains of her husband and there is a willing party (a son and daughter) that wants to pay for the services and pick up the remains, can they do so? Is there a time limitation?
The surviving spouse has been sent letter after letter, bill after bill and has moved and left no forwarding address. It has been almost a year and the mortuary is threatening to dispose of the remains with the county because they say they've had them too long.
1 Answer from Attorneys
Re: Can we get our family members remains?
The laws regarding disposition of human remains can be found at Sections 7100 through 7105 of the Cal. Health and Safety Code, available from www.leginfo.ca.gov .
The mortuary must release the remains to the surviving children if the spouse is unavailable. If they will not release the remains to you, you have the right to file a petition in court to force the mortuary to release the remains. Remind the mortuary that they will be liable for your attorney fees under Health & Safety Code Section 7109 if you have to file a petition in court. Preferably this reminder letter should be sent certified mail return receipt. I would be happy to draft and send the letter for a very reasonable fee.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
