Legal Question in Wills and Trusts in North Carolina

my son's father died in a VA hospital at age 52. his ex-wife had health authorization however signature did not look like his. the witness on the health authorization was the new husband of the ex-wife. my son was never informed when his father passed away and the ex-wife had him cremated. when we found out, we asked the funeral home about obtaining the ashes however the ex-wife received them and stated she scattered them somewhere in washington state. there was no will. does my son have any legal rights?


Asked on 6/08/10, 6:25 am

1 Answer from Attorneys

You ask about legal rights. To what? Your ex-husband is deceased and his ashes are scattered. Any family decisions have been made, whether it was right or wrong. Insofar as your son is entitled to inherit, it will depend on what assets were in your ex-husband's estate at the time of his death. Beneficiary designated assets, like life insurance, IRAs or pensions, would go to the perrson named. If it was not your son, then he is not entitled to any of it.

What state did our son's father live in at the time of his death? That state's law will control here. I do not know the laws of Washington State as I am not admitted there if he lived in Washington.

Is your son over age 18? If so, I suggest that he contact a probate attorney in the state where your ex-husband lived. If he is still a minor, then you will have to do it. The intestacy laws generally provide that the surviving spouse, if any, and the biological or adopted children of the deceased share in the estate. Are there any other children of your ex-husband? Was an estate ever probated? Are there any assets that belong to the estate? An attorney can assist with these questions.

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Answered on 6/08/10, 10:26 am


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