Legal Question in Wills and Trusts in California
My nephew cannot have his mother’s body released from the morgue for cremation due to not having a will and she was still legally married (separated). Her husband is mia, schizophrenic, and has no contact with any family members in several years. My nephew does have a signed letter leaving him in charge of her affairs, but was not notarized. Where do we go from here? I hate that my sister is lying in a cold morgue. What are her eldest son’s rights ?
Asked on 3/28/23, 4:03 pm
1 Answer from Attorneys
He can open a probate case and get executive powers without a will. The court can then order the body released to him.
Answered on 3/29/23, 3:38 pm
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