Legal Question in Wills and Trusts in Massachusetts

I was power of attorney for my mother. Before she passed I contracted with a funeral home to handle her cremation and have her ashes placed in three separate urns. Once she passed the funeral home cremated her, placed her ashes in one urn and gave them to my sister stating that my POA was no longer valid. Is this legal?


Asked on 8/16/12, 3:40 pm

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

I'm sorry to hear about the loss of your mother.

If the funeral home was under contract to handle your mother's remains in a certain way, then they must comply with the terms of the contract. The survivors may have a claim for mishandling your mother's remains.

It is correct that your POA is no longer valid after your mother's passing, and you have no power under such a document following her death, but the representative of your mother's estate certainly has standing to see that any contracts or agreements are carried out.

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Answered on 8/16/12, 10:43 pm


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