If my father remarried but his wife passed away and was cremated, now that her adult children are requesting the remains, what are his rights?

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If my father remarried but his wife passed away and was cremated, now that her adult children are requesting the remains, what are his rights?

Asked on July 5, 2013 under Estate Planning, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In a situation such as this, assuming that there is no writing by the deceased to the contrary, most state's laws provide that the husband would be given the rights to possess the deceased spouse's remains. 

To be certain of his rights, your father can consult with a local attorney.


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