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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 37855
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My son passed 3/10/13. He was 53 yes. old. He was a severe

Customer Question

My son passed 3/10/13. He was 53 yes. old. He was a severe diabetic on Dialysis for over 2 yrs. He died of congestive heart failure and renal failure. He was born on 8/31/59.
He was married on 9/17/11, moved to Florida 12/??/11 and died in Hospice on 3/10/23.
His wife of 1/12 yrs. will not let his ashes be sent up in the mountains where he wanted to be, he left no will. She told my daughter that she has a will stating that her son was to upon her death, get them to Colorado. Her son never had a relationship with my son.
My daughter and I would like some advice as to what we can do to keep his ashes.
I should state, she moved up here in Sept of 2014 and his ashes are with my daughter. She since moved to PA. I have to be honest, I never liked her from the get go. She would yell at him for dropping A Chito on the floor. Thank you for any advice you can give us, I have all the info I need to send his ashes to Monarch and they will to see to it gets op in the Rockies. If I send them can I be sued.
Submitted: 2 years ago.
Category: Legal
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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From a purely legal perspective, if he left no will and he was married at the time of his death, then the wife stands in a higher priority to make any decision about his remains than any other family member would.
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So unfortunately, legally she has the right to determine what happens to his final remains.
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However, if you are in physical possession of them and they are "misplaced" or "lost", then the wife could come back to NY to try and sue you for "losing" them, but would have to prove actual damages in court in order to recover anything...
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I don't know how a judge or jury would determine some type of damages in a case like this if she decided to try and pursue it..
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thanks
Barrister