Legal Question in Wills and Trusts in Florida
A single parent passes away without written instructions for the treatment of their remains. Verbal instructions were given to two of three adult sons to cremate.The two want to follow the parents instruction, one will not sign the release document that the funeral parlor requires. Can the cremation be done without the third son's consent?
Asked on 8/27/10, 6:36 pm
2 Answers from Attorneys
Not if the Funeral Homes won't do it. So you will probably need a court order. If she had left a Will with a named Personal Representative, then that would be different.
Answered on 9/01/10, 7:30 pm
Lesly Longa
Longa Law P.A.
You may need a court order. I am assuming that the children are over 18. The court will want to do whatever the deceased person wanted. I'm unsure what part of Florida you are in, but contact an attorney for assistance. Regards,
Answered on 9/03/10, 7:20 am
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