Legal Question in Civil Litigation in Kansas

Rights of Adult Children of Deceased

Sixteen months ago my mother passed away, and she was my last living parent. She had remarried after the death of my father in 1986. After her death, my sister and I posted a $7,000 deposit to a Wichita, Kansas mortician who was developing a new facility for a mausoleum and tower for niche's. This facility to date has not even broke ground nor began construction. My sister and I wish to inter our parents in a suitable facility, however my mother's husband will not relenquish her remains nor my father's remains. The cremated remains are stored at a church in a columbariun (storage place for urns under the altar). My question is whether or not my sister and I can legally obtain our parent's remains? My sister lives in Illinois, and I live in Michigan. This is a distressing issue at best, and any help or information you would provide would be greatly appreciated.


Asked on 7/19/02, 12:44 pm

1 Answer from Attorneys
Todd Epp Abourezk & Epp Law Offices

Re: Rights of Adult Children of Deceased

I have done some preliminary research on your question. I have not yet found any Kansas statutues on point. However, I did find a 1941 Kansas case that lays out the analysis in determining who has rights in determining the burial of a body:

"In determining question of right to remove dead body from one burial place to another, each case must be considered in equity on its own merits, having due regard for public interests, decedent's wishes, rights and feelings of those entitled to be heard because of their relationship to or association with decedent, and rights and principles of religious body or other institutions which granted right to inter body at first place of burial, and determining whether consent was given to burial in first place of interment."

I am not certain this is the current approach to the issue.

I would be happy to discuss the issue with you. I am assuming you want the remains turned over to you.

Thank you for your question.

Todd D. Epp, Esq.

Admitted in Kansas and South Dakota

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Answered on 7/19/02, 1:34 pm


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