What is the charge for theft of human remains?

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What is the charge for theft of human remains?

My mother-in-law came into my home to return my children she had been babysitting and she stole my deceased husbands ashes and urn from the home. She admitted to me over the phone that she had taken them and had no intention of giving them back. Also she possesses in her garage a motorcycle that is titled to me and was my husbands. It is valued at over $4500 and she refuses to give it back. It was in her garage as she did some restoration on the bike because I could not afford to so we could save it for my son. I would also like it back before she damages it or hides it. What can I do?

Asked on November 9, 2010 under Criminal Law, Florida

Answers:

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

Answered 11 years ago | Contributor

I am so sorry for your circumstances and for your loss.  You have a very delicate situation here.  Your Mother-in-Law is obviously distraught over the death of her son and is not thinking clearly.  It is not an excuse for her behaviour but rather an explanation.  Nonetheless, she can not come in to your home and steal your belongings.  How, though, do you want to handle it?  Your children will be caught in the middle of however you decide to deal with things.  I might suggest that you seek help from an attorney in writing her an "official" letter advising her of your position on the Urn and the motorcycle and giving her an opportunity to return them without police intervention.  If she does not then that is what you have to do: call the police. Good luck. 


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