Legal Question in Wills and Trusts in New York
I just found out my brother died in 2011. My father never told me and took all my brother's belongings which included my mothers cremains. They were divorced and he's been remarried for decades. I want to know what he did with my mother's ashes. He might've thrown them out. What legal recourse do I have?
1 Answer from Attorneys
If your brother died in New York, than your father inherited all of his property (if your brother didn't have a will or a wife or child). And since your mother's ashes were your brother's property, which you dad rightfully inherited, your dad could do whatever he wanted with the ashes. So short answer is no, you don't have any recourse under the law.
What I would advise is to seek out counseling and come to terms with this whole business and don't let the anger and hurt and resentment become a part of your life. And, tonight as you're lying in bed, take a step back for a moment and consider thoughtfully what it would be like to reconnect with your father. Your may surprise yourself; anything is possible.
Anyway, good luck to you.
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