Legal Question in Family Law in Virginia
Death laws
If someone is jailed and commits suicide while in jail and survivors are two minor children, 4 siblings and mother and father. Does the ex-wife have any say in what happens to the release of his remains? Or how about the sister-in-law who was given power of attorney while he was jailed still have the right to say what happens to his remains? I guess my question over all is, don't the parents have the legal right as immediate next of kin? There is no known will.
1 Answer from Attorneys
Re: Death laws
The jail authorities should release the remains to the parents as next of kin, or, if they are not in a position to claim the body, then to other relatives.
The ex-wife would not count as such but the sister in law might be considered suitable if no other relatives were available, although her POA would now be considered void upon the death of the issuer.
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