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My son passed away 13years ago and the furneal polar put his ashes in 2 urns. My ex husband picked them both up. I went out and purchased a nich. When asked about the ashes he said that he spread them in Mikes favorite places. I was upset but they were gone, Later in years his father passed away in Wilmington Del. I was told my sons ashes were put in his fathers casket and it was a secret. I spoke to the people in the furnel and they admitted to doing so. I told them at that time I want them ,that was mine. Now they say it is not true. I called my exhusband and he said I can have a few of the ashes he has.But it never happens. How can I get my sons ashes and put them in his nich that I got 13 yrs ago .
Optional Information: State/Country of Question: Florida Already Tried: Nothing, I just ask my ex to give me what is my half once or twice a year.
Thank you for using JustAnswer! I am very sorry to learn of your circumstances. For my clarification, at this time, where do you believe your son's ashes are?
Some in fl. with my ex husband and my urn was placed in the casket and buried in Wilmington, del
And where do you believe that "your" ashes are?
In wilmigton Del. He told me that he had the right to give them to his parents. So when his dad passed away his mother put them in the casket. I was informed of this by a family member that was their at the time. Nick has the other half.
So you believe that your half are buried with someone else in Wilmington, Del?
Yes ! or he can give me his half.
Okay. This is going to be tough, nasty, and expensive either way, are you prepared for that?
I'm not sure. Is their a way I can have the ashes he has?
From the facts that you described, in order to try to get the ashes, you are going to have to file one or two lawsuits. To get your ex-'s portion, you will have to sue him. To get the one's in Del, you will have to file a lawsuit to seek the court's permission to have that grave opened. When you file a lawsuit, there is no guarantee of any victory. Lawsuits over remains, particularly if it involves the opening of someone else's grave are horrible and very emotional. Because of the emotions, people are less likely to talk, negotiate and then they become more expensive. Judges do not like to order the opening of grave -- unless it involves the potential to solve a crime. Good luck and best wishes. I hope that you find this information to be helpful in better understanding where you stand and why. I also hope that you find this answer to be ACCEPTable!
Why can't I ask for the ashes he has and look at it that he gave his half away ?
You can look at it that way. As I said earlier, "To get your ex-'s portion, you will have to sue him."
Experience: Explains legal matters based on 14+ years experience.