Legal Question in Civil Litigation in Idaho

On 9/11/2008 my husband passed away, his wishes was to be creamation and his ashes spread when my when I pass. My question is my step-daughters are now giving me problems and want his ashes, all of them. The one daughter went behind my back and talked to the milatary to have half his ashes buried- he didn't want this- when I told he no and what his wishes were she then got mad and now is telling me she is going to get all of them now. Can she legally do this? My husband had two daughters from another women and he and I had a son, all of which is of legal age now. I am not sure what heading this would come under, hope you can help me! Should I get me a lawyer if so what kind?


Asked on 9/02/10, 9:31 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Were your husband's wishes included in his will? If not, do you have some other record of them?

Decisions about the handling of your husband's remains should be yours unless they are clearly contrary to what he wanted. Does your stepdaughter claim to have evidence that he wanted something different from what you describe?

And where are the ashes now? Whether and how your stepdaughter might get them will depend to some extent on their current status.

I suggest discussing your situation in detail with a probate attorney.

Good luck.

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Answered on 9/07/10, 9:50 pm


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