Ifour father passed away last night, what rights do we have as his surviving children?

UPDATED: Feb 21, 2012

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Ifour father passed away last night, what rights do we have as his surviving children?

what are our rights to make decisions regarding his funeral arrangements, etc? He has lived with this woman for 19 years. We don’t get along and now we are needed to sign off so she can make funeral arrangements. He will be cremated. What if I want his ashes? Who gets to decide?

Asked on February 21, 2012 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so so sorry for your loss.  If he and she were not married and he left no Will then you and your siblings really control his estate.  You are his legal heirs and the beneficiares under intestacy.  I would seek legal help and sign nothing at this point in time.  Good luck.

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