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My brother has died.can he be cremated if only 1 of 4 siblings give permission?

Kalamazoo, MI |

he has left many bills and taxes on his house. the siblings are concerned about having to pay his debts.this may include a lawsuit on work done on his home.

Attorney Answers 5

  1. Best answer

    I am very sorry for your loss.

    Generally speaking, if he left a will or other estate planning document, that would control the manner in which his remains are to be disposed of.

    The siblings should not become liable for any of his debts, absent a co-signor or other agreement. His creditors will have an action against his estate but this should not extend to liability for yourself or the surviving siblings.

  2. I'm sorry for your loss.
    Did he leave a Will or document his wishes re: cremation?

    Contact me at 248-702-5303 for a free consultation. My answer to this question is for general informational purposes only and does not establish an attorney-client relationship. You should seek the assistance of an attorney to determine the best approach and potential consequences for your situation.

  3. I'm sorry for your loss. Here in Connecticut, the "Custodian of the Body" would make this determination. Please consult with an attorney to determine who has the legal right to make this determination in your brother's state of residence, as well as whether a court proceeding may be necessary. Good luck to you.

    This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.

  4. If there is no will you may have to petition the probate court to take action on his behalf regarding his assets and debts. There are numerous notice and legal issues that go along with this type of action. Speaking with a probate lawyer about your options would likely be in everyone's best interest.

  5. As noted on the previous answers, there a variety of factors. If he left a will or some document declaring what he wants done with his body, that will control. Regarding his bills and taxes, payment will depend on whether there are assets. If there are no assets, there is no payment and probate may not be required. You need to talk with an attorney about this.

    Michelle L Radloff 248-767-0239. The advice provided here is provided under the limitations of Avvo's terms of use and does not establish an attorney/client relationship.

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