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My Father passed away in December of 2002, His then wife refused and has refused to give me his remains.

Missoula, MT |
Filed under: Wills

My Father passed away in December of 2002, His then wife refused and has refused to give me his remains. My Family has a Family Plot in Colorado where he is to be buried. Now, She to has passed away just a couple of days ago and now her family who has no ties to my or my dads side refuse to give him to me. I really don't know where or how to begin Legal action against them to get him....

What can I do to get his remain's?

Attorney Answers 2

Posted

Please explain why they would refuse to give you your FATHER'S remains? Makes no sense unkes something else i ngoing on here that you have not articulated.

My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained. Please click "helpful" or "best answer" if my answer added any value or add a "comment" if you have more info for me to help you get a better answer.

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9 comments

Asker

Posted

She (my Father's Wife) Has never liked me, and has refused to give him to me out of spite and nothing else. Now that she has passed her Sister and her side of the family refuses to, because they are going to spread her's and his ashes somewhere. He belong's in the Family plot of his family not somewhere else.....

John P Corrigan

John P Corrigan

Posted

Tough issue here....have you tried to reason with them? Have you threatened to get a TRO to stop them? Are they afraid of incurring legal fees in fighting you? Would you consider accepting 50% of Dad's ashes as a compromise?

Asker

Posted

FYI - She is not my Mother, But my Step-Mother, No relation at all, no related siblings through her other than through their marriage....

John P Corrigan

John P Corrigan

Posted

Yes..I understood that from the get go.

Asker

Posted

Yes I have tried reasoning with them to no avail.... TRO? Not sure on the Legal Fee's, but I am sure they would be... I know that I would like them responsible for mine as well as theirs, should I win, and possibly more....

Asker

Posted

I am nieve when it comes to legal things like this, I am outnumbered by them as I am about the only living closest relative to tackle this.

John P Corrigan

John P Corrigan

Posted

TRO = temporary restraining order....to stop them from doing anything with Dad's remains.

Asker

Posted

As of right now less than 48hrs her side of the family has already taken everything from the house, hauled stuff off or thrown it away, My Step-sister who is on my side went over to get him and they told her to leave...

John P Corrigan

John P Corrigan

Posted

only hiring a probate attorney in your local area at this stage will help you accomplish anything if you have any "potential" rights. Avvo cannot help you on such matter as there is no non-lawyer solution here if the family is hostile towards you. Only court can do anything for you.

Posted

You should consult an attorney. Your step mother had the right to take control of her husband's remains and it is possible that her will directed that his and her remains be buried, scattered or otherwise disposed of together. Your attorney should be able to help you get more information so you can decide whether to pursue the issue.

The above answer is not to be considered legal advice and should not be relied upon as such. You should consult your attorney for specific legal advice as to your individual situation.

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