Legal Question in Family Law in Florida
next of kin
my childrens father passed away we were not married our daughters are 17 in 3 months turning 18 and 13 we had him cremated and were going to bury his remains but his brothers are making it quite difficult to put him to rest. what are the kids legal rights to their fathers remains
Asked on 4/11/08, 11:05 am
1 Answer from Attorneys
Brent Rose
The Orsini & Rose Law Firm
Re: next of kin
In a way, the remains get inherited just like any other property of the deceased, so, if there is no contrary provision in a will or elsewhere, the children's rights supercede the brothers', and the children inherit the remains. The decision to bury the remains belongs to the children.
The children should get a good probate lawyer to assist them.
Answered on 4/11/08, 11:59 am
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