Legal Question in Wills and Trusts in California

My sister has recently passed. She did discuss her wishes in detail with myself, one of her sons and others. Yet, my brother in law just wants to keep the ashes. No legal documentation of her wishes had been written down. My sister was very abused by her in laws and husband. She was homeless for years. Her husband lives in the garage of his parents. My sister came and went as she wished. She does have four grown children. Two would love to do as she had wished. One is silent and follows the steps of his older brother whom sides with the father. I can't find closure until she is laid to rest. She wished to be cremated and placed in the tomb with our father. Do I have any legal rights and how might I go about this process? I am currently in Florida. The situation is currently taking place in California.


Asked on 6/26/18, 10:39 am

1 Answer from Attorneys
Michele Cusack Pollak & Cusack

I'm very sorry for your loss. You and the other people your sister talked to about her interment request may try to persuade her husband to follow her wishes (perhaps in a kind condolence letter signed by all of you, and focusing on what your sister wanted, not on your own need for closure) but the husband's decision (not children or siblings) controls in this situation, since your sister did not put anything in writing. Note, this is human advise, not legal.

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Answered on 6/26/18, 11:35 am


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