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My children – ages 20/22, father has passed away,
no will. Was marriee, stepmom will not give them
their belongings nor ashes. She has now moved on
w a new boyfriend, and is trying to pass the ashes
along to her parents, so she can move to a new a
state w someone new. Do my kids have any rights?

Asked on March 27, 2019 under Estate Planning, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, they do not hae any legal rights to their father's ashes. The ashes went to his spouse, their stepmother: once they go to her, they are hers to do with as she wishes. They were not merely in her safekeeping or custody for others (e.g. the rest of the family): they became her possession. She could give them to another, scatter them, etc.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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