Legal Question in Wills and Trusts in Massachusetts

wills - funeral

My uncle passed away and was survived by an adult brother and two minor children who had a guardian (his ex-wife). He had no pre-arranged plans and no instructions written for his arrangements. But the family was aware he wanted to be cremated.

His girlfriend made the funeral arrangements without his next of kins knowledge. The funeral home told his family that she had the right to make the arrangements because his girlfriend was the executrix of the will (a will that still hasn't been probated).

Is this true?

To my knowledge, in Massachusetts, next of kin has to release the body to a funeral home and has the right to make the arrangements.

When they (the girlfriend and Funeral home) went to cremate him the funeral home required his children's signatures. Why not when the funeral home accepted the body?

Also, his girlfriend is requesting his ashes and/or be present when his children disburse his ashes if she cannot have them. His children would like his remains.

Who should receive his remains?


Asked on 4/10/07, 9:26 am

2 Answers from Attorneys
Alexandra Golden Golden Law Center

Re: wills - funeral

If the girlfriend has refused to cough up a will, the smartest thing to do would be for the children's guardian to head to the Probate Court for the county in which your uncle has died ASAP. They need to file a complaint to get the remains turned over to the chilren and a temporary restraining order barring the funeral home from doing anything until the matter is resolved. The complaint needs to be accompanied by an affidavit from someone who has first-hand knowledge of the facts. If it has been 30 days since the death, the guardian (as the children's representative) should also petition the court for administration to protect the children's financial interests.

There are some important procedural rules that must be followed, so the guardian should hire an attorney if at all possible.

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Answered on 4/10/07, 9:33 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: wills - funeral

If the funeral home agreed to the wishes of the girlfriend, they have a large problem justifying the action, especially where there is family.

The girlfriend has no legally binding authority to make any binding demands on the funeral home, the disposition of the ashes or anything else.

The exception, however, if she is named the executor of the will.

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Answered on 4/11/07, 12:34 am


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