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My partner died 3 werks ago, we lived together gor 8 months.

Customer Question
My partner died 3...

My partner died 3 werks ago, we lived together gor 8 months. Do I have rights to his ashes?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Qld

Lawyer's Assistant: Has anything been filed or reported?

?? Police report?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I phoned the crematorium and his step dad is named as the person who is collecting. Wiyhout my knowing.

Submitted: 11 months ago.Category: Australia Law
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Customer reply replied 11 months ago
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Customer reply replied 11 months ago
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8/6/2017
Solicitor: Leon, Solicitor replied 11 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

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Solicitor: Leon, Solicitor replied 11 months ago

Good Afternoon

I am sorry to hear about your loss.

Being together 8 months does not make you a defacto couple. You have to be together at least 2 years before the law recognises you as a defacto.

Unless the relationship has been registered there is no defacto relationship.

In this situation you have to speak with his family and see what agreement you can come to with them

If you wish to bring an action against them you will have to get evidence of the relationship and also be able to provide evidence of what you late partner wanted.

It is not going be easy and it is best to speak with his family and see if you can come to an arrangement.

I am sorry I cannot give you anything more positive.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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