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Does the eldest sibling have more legal authority in making a decision in a funeral/tombstone matter?

Leonardtown, MD |

My brother passed away almost 2 years ago, & he has a daughter by his first wife, he also has 3 other children, by his second wife. The second eldest child (daughter), made a decision with her older brother & younger sister, without consulting their eldest sister/step-sister. Could the eldest daughter take any legal action? Thanks!

My brother passed away almost 2 years ago, & he has a daughter by his first wife, he also has 3 other children, by his second wife. The third eldest child (daughter), made a decision with her older brother & younger sister, without consulting their eldest sister/step-sister. Could the eldest daughter take any legal action? Thanks!

Attorney Answers 3


  1. Best answer

    No, selecting a tombstone is not a legal matter. It would have been nice for everyone to have been consulted, but it is not required for this type of matter.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.


  2. No.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/


  3. I agree with my colleagues. All siblings have equal rights and authority. Being oldest does not get you anything extra, except maybe if grama plays favorites.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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