Legal Question in Civil Litigation in Illinois

rights to possession of mortal remains

My mother died roughly 2 1/2 years ago. She was cremated and my maternal grandmother took possession of her ashes. My parents were divorced and because of the circumstances I was not very insistant on procuring my mother's remains. However, this has been a source of much grief for my siblings and I. We would like to have the remains. What are the laws regarding the rights to the possession of mortal remains? Is there a statute of limitations regarding my particular situation? Also, what is a good source where I could find more info pertaining to these kinds of laws?

Thanks alot. Any help is much appreciated.


Asked on 5/28/07, 6:10 am

1 Answer from Attorneys
Noelle Ansley Noelle Ansley

Re: rights to possession of mortal remains

Unless your mother prepared some kind of written instrument with instructions as to what to do with her remains, you have to look to the Illinois Disposition of Remains Act (755 ILCS 65/1 et seq.). That states that absent such a written instrument, people that can get the remains are spouses, children, or parents. You and your grandmother have an equal claim on your mother's remains. Why not try to work something out with your grandmother so that she includes in her will that she wants you and your siblings to have your mother's remains? Find a probate/estates attorney in your area to help you with this.

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Answered on 5/28/07, 10:35 am


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