If my divorced brother passed away and did not have amicablerelations with his 3children, how do we get them to release their rights so we can pay for his burial?

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If my divorced brother passed away and did not have amicablerelations with his 3children, how do we get them to release their rights so we can pay for his burial?

I understand the children have legal rights but no money to handle burial. My father will handle the burial but the children refuse to sign the affidavits to release their rights. My brother has no money to his name. How long do the children have rights over my brother? How do we get him buried in a respectable time frame?

Asked on January 19, 2012 under Estate Planning, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

My understanding is that the children of your brother cannot stop your father from going forward and having his son (your brother) buried absent some court order. There is nothing preventing your father likewise from paying for the services in connection with the burial of his son.

The legal rights that you might be writing about with resoect to your brother's three children most likely deal with inheritance rights which have nothing to do with paying for the services to bury the deceased as well as have the burial completed.

My suggestion is that your father go ahead and meet with the funeral director and get matters in order for your brother to be buried.


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