Legal Question in Wills and Trusts in Illinois

I am the executor of my mothers will. My mother lived with me for the last 11 years of her life. When signing the contract with the funeral home and giving them a copy of the will it was to my understanding that they would be giving my mothers remains to myself . Now the funeral home is refusing to release them as that my oldest sister as told them that she is the oldest and there is a elder law(which is not true) to release my mother to her. Because of this the funeral home does not want to get involved and has chosen to keep them until my sister and I can be "on the same page" as they said. What can I do??


Asked on 9/25/11, 12:59 pm

3 Answers from Attorneys
Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

The funeral home's decision is as expected. They won't act without agreement or a court order. Unless you and your sister can agree, you might need to pursue a court order from the probate court. If your mother had a power of attorney or disposition of remains directive, then that should control.

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Answered on 9/25/11, 1:20 pm
Steve Raminiak Law Offices of Steve Raminiak, P.C.

For a better understanding of this, read the article at this link.

http://www.handlerthayer.com/Articles/2011_July_Disposition_of_Remains_Act.pdf

However, prior to taking any action, I recommend that you consult with an attorney. Feel free to call me for a free consultation.

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Answered on 9/26/11, 7:49 am
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

If either one of you were designated as her healthcare power of attorney with the right to dispose of her remains, that person would have the right to determine who receives the remains or how they are to be handled. If not, you will probably have to take the matter into court if you and your sister cannot come to some agreement.

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Answered on 9/28/11, 6:19 am


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