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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 2 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.
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