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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31200
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My mother passed in 2001 but my brother bought the niches.

Customer Question

My mother passed in 2001 but my brother bought the niches. No one in the family speaks to him. I would like to know who owns the ashes? The whole family or my brother?
Submitted: 4 months ago.
Category: Legal
Expert:  Roger replied 4 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Generally, the ashes would belong to the person designated in the deceased's will; but if there is no will, the ashes would belong to the estate representative (as approved by the court --- if an estate or administration was opened); otherwise, the spouse would be entitled to the remains......if there is no spouse, the next of kin -- children would equally own the remains.

Expert:  Roger replied 4 months ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

Customer: replied 4 months ago.
I see you are in CA. We are in NY. Does that matter?
Expert:  Roger replied 4 months ago.

The law is going to be predominately the same, but I'll look to see if there's a specific statute in NY. Give me a moment to do some searching.

Expert:  Roger replied 4 months ago.

The chain of ownership/custody is basically the same. Here's the statute: http://codes.findlaw.com/ny/public-health-law/pbh-sect-4201.html

Expert:  Roger replied 4 months ago.

Subsection 2 discusses the right to control/possess the remains.

Customer: replied 4 months ago.
thank you
Expert:  Roger replied 4 months ago.

No problem and good luck with this!