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My husband died 3 14 my step children took the body they…

Customer Question
My husband died 3...

My husband died 3 14 my step children took the body they said they had papers for them to bury him not me i am the wife what law procedures do i need to take

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

I am in clarks hill, south carolina

Lawyer's Assistant: What steps have you taken so far?

I talked with lawyers they told me to get an estate attorney

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

I want to know my rights and what to do

Submitted: 5 months ago.Category: Legal
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Answered in 15 minutes by:
3/17/2018
Lawyer: Sean K, Lawyer replied 5 months ago
Sean K
Sean K, Lawyer
Category: Legal
Satisfied Customers: 953
Experience: Attorney/Member in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

There is a law in South Carolina that sets out the order of who can act as the agent on behalf of the decedent (the person who has passed away). I have attached link to the law here.

As far as individually named parties, the spouse is superior to all others, even surviving adult children.

However, the surviving spouse is listed as the second party behind anyone named in a will or a recognized government document. What concerns me here is that they said they have papers to do it.

What can you do?

First, review the law I set out above so you will be familiar with it.

Next, ask the children to see these "papers." Specifically ask for your own copy. It would not be the first time that someone sad something existed when it really didn't.

I would also attempt to speak to the funeral home and see what they have been told.

Finally, if there is a written document and you suspect that it is not valid, you can challenge it in Court. This can be a complicated process so I agree with the recommendation that you consult an estate lawyer, but there are things you can do first.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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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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