My grandma has possession of my mothers ashes and me and my sliblings want her remains. Who has the rights
3 attorney answers
what are you going to do? Sue you grandmother.
You could. There is a claim. You would probably start in probate court, but a lawyer's advise there would be helpful.
And in the meantime: would you grandmother toss the ashes into the river in anger? would she destroy them in another way? And then what? Damages?
Think carefully on this.
Children have priority right ot possession over grandparents.
Link below explains;
The law stating who has right to possession of your mother's ashes can be found here: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=07001-08000&file=7100-7117.1 So long as your grandmother was not the agent under your mother's health care power of attorney, it would appear the children would have authority over your grandmother. How is it that grandmother came into possession of the ashes in the first place? Perhaps you could mention this statute to your grandmother and if she still does not comply, you would probably have to file a lawsuit, which could be expensive.