Legal Question in Family Law in Florida

Not sure what to do...
Here's the situation. I have permission to pick up the cremated remains of my ex husband b/c I paid for everything. He has a wife he was separated from and had 4 months to wait to be able to file divorce in FL because he moved back up to Michigan for a while to get away from her. They were married three years total and only together about 3 months of it before he found out she was pregnant by someone else, etc. Bad situation. No one had any money to do things right of course. Wife didn't even know all his info for his death certificate, she had me take care of it all. Unfortunately, they are still legally married. NO WILL but everyone knows he always wanted to be up north in his family plot; I didn't have extra $5k to ship him so, he had to be cremated. I just cannot in good concience give the ashes to the ''wife''. She now wants them out of spite b/c the family hates her. I don't want them; the family should have them to take him home to MI. He killed himself on the day his grandfather did the same 19 years ago and his grandpa is burried up there in the family plot. His family, nor hers has much money for lawyers, etc. What is the worst that can happen to ME personally if I just give the ashes to his mom to let them battle it out?

Asked on 3/12/09, 9:57 am

Brent Rose The Orsini & Rose Law Firm

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Re: Not sure what to do...

Ashes pass according to a will and, if there is no will, they would pass to his wife.

I suppose the worst that can happen is that you could be charged with theft, since the ashes don't belong to you, even though you paid for them.

Answered on 3/12/09, 10:50 am

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