My husband died in Kansas where we reside & where I currently reside (I am his widow). I agreed for my father-in-law to take my husband and bury him in Oklahoma. My agreement was made while under extreme psychological trauma over my husband's death (suicide) and his family took advantage of it and pressured me into letting my father-in-law take the body to Oklahoma. On my husband's death certificate (KS certificate) I am listed as the widow, and his father is listed as Next Of Kin. I would like to re-bury my husband back in Kansas for the purpose of spousal burial plots, and because me and the child he and I have together can't visit his grave because it's so far. Am I legally able to petition the court in OK to be able to move my husband back even though I am not listed as "Next of Kin"?
The manner that you are listed on the death certificate will not have any effect on your ability to petition the Oklahoma court for relief.
The fact that you are not listed as next of kin on the death certificate has no legal significance. As the widow, you have the right to proceed. The Oklahoma Department of Health has a Disinterment/Re-interment Application that must be completed. Contact the director of the Cemetery to see what he/she requires.
As his widow, you have primary rights in this situation. You have every right to seek removal of your late husband's remains to Kansas.
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