What are my legal rights to my parents’ ashes?

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What are my legal rights to my parents’ ashes?

I’ve been in a dispute with my sister who is heavily medicated and does not think clearly. She has possession of my parents’ ashes, and has threatened to release them without my other sister and I being involved. Do I legally have the right to prevent this from happening?

Asked on June 2, 2013 under Estate Planning, California

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss and for the issues that have resulted.  It is my understanding under California Law that you all share equally in the right to your parent's ashes. So you either agree or go to court to resolve the matter. But in reality f your sister releases the ashes with out you there could never really be a resolution in court that would make up for that act.  So try and reason with her or if she is mentally not in the frame of mind to make a correct legal decision, consider court intervention.  Good luck.


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