Legal Question in Civil Litigation in Florida

cremation

Two years ago my Sister died from cervical cancer, her husband and children didn't pay for her cremation, he has since gone on his with his life and gave the ashes to the children (which they are fighting over) Do I have any rights to the ashes (as I would like to see her get a decient burieal)? I have proof of the payment as we had to charge it.


Asked on 12/15/03, 12:49 pm

1 Answer from Attorneys
Douglas R. Coenson, Esq.

Re: cremation

This issue is not unheard of, but I have not been approached with this issue before. In doing some very quick and sketchy research, it appears that generally the spouse and children of the deceased have priority rights. This is not to say you don't have a claim. I would recommend that you contact a probate attorney in your area to discuss your potential rights. Mediation may also be an option for you if the surviving spouse and children are willing to talk with you.

Please note that this reply is intended only for purposes of a general discussion of legal principles and is NOT intended for legal advice. Before taking any action, it is strongly recommended that you first seek advice from an attorney in your jurisdiction. DO NOT rely or take action based on this response.

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Answered on 12/15/03, 4:15 pm


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