Estate Law Questions? Ask an Estate Lawyer.
Hi and welcome to JA. Ray here to help you tonight.
If your sister here had a will that set out her final wishes as far as burial it would control.Absent such a will then the husband here has a right to claim the body for burial as legal next of kin. There is no statute of limitation here since they were not legally divorce he is still the next of kin unless her will specifically states how she wants her body disposed of.
This is an unfortunate thing , thats why lawyers beg people to do wills and set out their last wishes not only for property but burial and cremation here.
I appreciate the chance to help you tonight.Please don't shoot the messenger.I know you want honest information here.Thanks again.
Massachusetts -- How too bad that Massachusetts citizens can only ensure their wishes are carried out by paying a funeral director before they've died or by valid will. Massachussetts regulation number CMR 239, 3:09 states that if a preneed (prepaid) contract is in force, then the funeral director shall obey it. Otherwise, the right to control the disposition of your body devolves along the usual next-of-kin line.
You are so welcome.Thanks again happy Easter.
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