My ex husband recently passed, and his girlfriend is refusing to give my daughters anything of his including his ashes,,,,,,
2 attorney answers
Mr. Love is correct. Since your ex-husband was not married, his girlfriend has no legal rights to any of his property nor to keep his ashes. If your daughter is at least 18 years old, she can apply to handle his estate under the laws of Intestacy (since there was no Will).
Keep in mind, he may have transferred property to the girlfriend (as you indicated) before he died. He may also have had joint bank accounts with the right of survivorship with the girlfriend, or which she may received under a Payable on Death Designation with his bank. The best way to sort all of these items out would be for the estate to be opened.
This information is provided for general educational purposes and should not be relied upon in terms of specific legal advice. No attorney-client relationship was formed in this process. For legal advice, please consider consulting with and retaining an attorney of your choice.
If one of the daughters is of age, they can file for a probate estate with the court to force the turnover of items to his heirs.