Estate Law Questions? Ask an Estate Lawyer.
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Did he leave a will stating how he wanted his remains disposed of?
Ok, I really hate to say it, but without anything formal and in writing from father, then the wife would have the highest priority to make the determination as to how to handle any final disposition of his remains.. It goes wife, children, then parents and then further out.
So without specific instructions, the wife legally has the right to make that decision.
I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...
You are very welcome. Happy to help any time, even if the news is kind of lousy..
And yes, there is no reason you couldn't do so after she passes as you would then be the one with superior authority to make a determination as to his final resting place.
Would this answer apply if he were buried with her?
Yes, it doesn't matter, but in either situation, you would have to get an order signed by a judge to disinter father's remains as the cemetery won't just go remove remains because family wants it.
You are very welcome.. Glad to help any time..
Have a great afternoon!