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Loren, Attorney
Category: Estate Law
Satisfied Customers: 34080
Experience:  30 years experience in the practice of estate law.
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A friend died in July and was cremated. She and her husband,

Customer Question

A friend died in July and was cremated. She and her husband, who died in 2002 and was cremated, purchased a place for their ashes at Resthaven in Arizona. Resthaven says they need "permission" from next of kin or executor or will to place the ashes of both. As far as I know she had no living next of kin. Her husband, parents, and sister(also no children) passed before her. She asked me to be executor but never got a will completed. There is no real estate property(only a very small amount of personal property, value under $1200.00, and no cash as she was in an assisted care facility the last 6mos or so). Her husband has a sister living in Pennsylvania. Can she sign permission to place the ashes in the mausoleum? If not, do I have to hire an attorney to get a judge to allow me to sign and If so what do I have to show to prove she has no living relatives?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Loren replied 1 year ago.

Good day. I am Loren, a licensed attorney, and I look forward to assisting you. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Ask Resthaven if they will accept the direction of the husband's sister.

If not, then some interested party will need to retain locla counsel to file a petition to open an estate and be appointed representative so that the authority to place the ashes can be given.

Expert:  Loren replied 1 year ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 1 year ago.

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