Legal Question in Wills and Trusts in Pennsylvania
Maternal Mother's remains...
The executor of my mother's estate originally verbally told me that I could have her remains to bury her in the family plot. Now they have taken her ashes and refuse to give them to me. Do I have any legal grounds to sue for her remains? there is no mention as to her remains in her last will & testament except that they are to pay the cost of perpetual care of her gravesite as an expense of her estate.
1 Answer from Attorneys
Re: Maternal Mother's remains...
You could petition the Orphan's court to order the executor to release your mother's remains to you.
Did the executor give any reason for his refusal?
Generally, its a bad idea to put what is to happen to the body or ashes in a will. One, the will could be lost. Two, the will might not be discovered or read until several weeks or even months have past. Ideally you tell the person you've chosen to be executor what you want done.
If you have any questions feel free to contact me. The initial consultation is free.
{John}
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