Legal Question in Wills and Trusts in Massachusetts
Dispute over ashes
A teen's mother died in the first week of February. The mother did not put her wishes in writing, instead told the daughter that she wanted her to have her ashes after she was cremated. Other family members are saying that the mother said they could split her ashes up amongst them. The teen daughter is distraught and does not want her mother's ashes split up. The family members are not listening to her and are moving forward with purchasing separate urns for themselves.
Who has the legal right in this situation?
1 Answer from Attorneys
Re: Dispute over ashes
First, legally speaking, if the girl is under 18, she needs to have a court-appointed guardian appointed to enforce her rights.
The guardian can then petition the Probate Court for direction concerning the disposition of the ashes. If the teen is the only child, I find it difficult to imagine that the judge wouldn't rule in her favor.
Please contact me if I can be of assistance.
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