Legal Question in Wills and Trusts in Virginia

My uncle's ex wife passed away last Monday. She has remained very close to our family over the years and moved to Virginia from Florida in December 2010. Her only kin is in Florida (father and brother(s)). Our family has contacted her family to inform them of her passing. Her father said that he couldn't afford to help with funeral services, cremation, her property, etc. He mailed a notarized letter to my grandmother, giving her permission to handle the cremation, bank accounts, etc. Now that her body has been cremated and we are going through her belongings, her father and brother are planning on coming to Virginia this week to take her ashes and belongings. Is this legal? What can be done?


Asked on 6/01/11, 8:10 am

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

As her next of kin, it is probably legal for them to have her ashes, though I have not researched the issue. However, you have gone to some trouble and expense to take care of her passing, and should be reimbursed from whatever is in her estate, such as furniture, jewelery, bank account, etc. To be sure you have access to those funds, if any there be, you should open a probate of her estate and get appointed administrator (assuming she left no will). That would put you in control of everything, perhaps even including her ashes, pending reimbursement for your espenses incurred on her behalf. Upon sale of her property you could reimburse yourself for those expenses.

Read more
Answered on 6/02/11, 9:26 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Virginia