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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Family Law
Satisfied Customers: 3837
Experience:  30 years of experience
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I'm requesting my deceased wife's ashes from my wife's

Customer Question

I'm requesting my deceased wife's ashes from my wife's exboyfriend's parents (the grandparents of her son) whom I had a verbal agreement to hold the urn in their residence until I obtained a stable residence. For the past week we have been conversing back and forth making arrangements for what day I could pick up my wife's ashes from their house and they requested a few days to say their goodbyes so I obliged and now a week later I called them back and they have informed me that they gave her ashes to a church a few cities away so her ashes are no longer available for me to pick up. I feel it was unfair for them to make that decision without my knowledge and misleading me to think we had an agreement prior this week was wrong plus our initial agreement was binding. I'm her next of kin as her legal husband when she passed don't I have any rights?
Submitted: 11 months ago.
Category: Family Law
Expert:  Gerald-Esquire replied 11 months ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

As Next of Kin you had the right to your wife's ashes. It was morally wrong (and very unkind) for these people to do this to you.

The challenge that you have in rectifying this is that is is difficult for the law to address this type of problem. You may have a lawsuit based on Breach of Contract, and perhaps a claim for intentional infliction of emotional distress. Both are viable claims. BUT the difficulties in pursuing the claims are 1) the cost of the litigation; 2) whether you have recoverable damages; and 3) whether you can recover the ashes (assuming they have not been scattered or disposed of.

Still it may be worth contacting local counsel to see if you can persuade these people to tell you where specifically the ashes are.

I am very sorry that you have been betrayed this way and I hope that you are able to find some peace.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald