Legal Question in Wills and Trusts in California

Re: Absence a Factor?

This is obviously a highly emotional issue and one I will try to respond to as sensitively as I can. A person has a property right in his/her own body, and may "will" it to somebody. But, a statement of intention of where to be buried falls short of an actual willing of the body (maybe a probate expert in here will correct me if I'm wrong, or confirm I am right). If he died without a will, his body would be "owned" at his death somewhat jointly by his wife and children, or by his children if he then had no wife. So, if he was divorced from her at his death, the remains would be owned by the surviving children and she would be out of line. You should object and resist to any efforts she makes to compel removal. If she is later in life emotional about him and wants a part of him, you could consider compromising by offering her a portion of the ashes to keep with her. I think this should be a matter of negotiation among people who loved this person, and should not end up in a courtroom. Best wishes.

Re: Absence a Factor?

One more thing. I am concerned I may have misread something. Are you saying she may have already removed the remains? This does not sound like something the cemetary should have done. If she was divorced at death, they basically gave away or sold your property. She may even be technically considered to have stolen it. I can't imagine any reason for this other than that she is overwhelmed with emotion over him for some reason. Maybe there are things she regrets. See if you can work it out with her and try to avoid lawyers.

Re: Absence a Factor?

You need a good attorney immediately. I don't understand your question in that if she was no longer his wife, for so long a period of time both how, from whom, and two-way year, PG had his remains removed. Under what authority?? You should go to court immediately amputation the court to take possession of his remains and get a restraining order stopping her from disposing of them, removing them any further, or doing anything with them before court can order who has the right to possession of those remains. I am located in the San Francisco Bay Area and if I can be of assistance and you wish to consult with me please contact me at 925 -- 945 -- 6000.