“. Although the heir owns the monuments and coats of arms of his ancestors, he has none in their bodies or in their ashes; Nor can it bring a civil action against those who, at least indecently, if not impiously, injure and disturb their mortal remains when they are dead and buried. [But] if someone who picks up a corpse steals the shroud or other clothing, it will be a crime; because the property remains the property of the executor or the person responsible for the funeral. Dear Ann How sad it is, it is terrible. I think there is very little you can do, certainly nothing about the ashes themselves. I suspect you were wondering if there were any punitive measures you could take against your friend. It may be possible to bring a civil suit against that person, depending on whether you can prove that they acted against your will and only held the ashes in trust, even then you have nowhere to go. I know it will be expensive and cause more grief. We can recommend lawyers if it helps. I`m sorry I couldn`t be more positive. Best wishes Richard I`m sorry to hear that, it sounds terrible. It is very sad that scattering someone`s ashes increases division within a family. I`m glad you were there for your parents at such an important time.
I hope time helps heal and thank you for sharing. There may be disagreements about which agreements a family member may disagree with. For example, the person who is in full possession of the ashes might want to scatter the ashes of their loved one, while another unpossessed family member might want a small amount of their loved one`s ashes placed in an urn for the ashes or commemorative jewelry for the ashes. If a death is sudden or unexpected and no will has been made without immediate family members taking possession of it, the person has priority over intestate estates under Rule 22 of the Non-Contentious Probate Rules. If no family member or personal representative shows up for this role, the ashes or body will be handed over to local authorities for cremation. In most states, the right to your ashes goes to the surviving spouse or partner. If there is no spouse or partner, it goes to the surviving children. Many laws around the world establish this hierarchy of positions. However, it can be difficult to resolve the dispute between peer members of the hierarchy, such as brothers.
It is always a fluid subject with blurred lines and opposing beliefs, as there is no legal definition of ashes and whether they can be possessed or should have property status. There is no property of human bodies when they live, so why should this be changed in death? My father passed away suddenly in December and lost my aunt 7 weeks later after a short battle with cancer at the time when I didn`t want my father`s ashes because it was too early for me, so my aunt had them. After he died, there was a quarrel in the family that meant I couldn`t have his ashes. They want to bury the ashes of the two together on Wednesday, but I want my father back, can they bury his ashes without my consent? Even if I was my father`s next of kin and it was against my will?? After a person dies, it can be difficult to decide who will handle their ashes. In most cases, the person will leave the last will to dictate how they want to distribute their ashes. However, some situations leave family members in a dilemma, wondering who is entitled to ashes after cremation. The courts will not share the ashes if even one of the parties does not agree. In Fessi v.
Whitmore, the judge refused to share the ashes between the parents of a lost child because the father objected. It is important to know that there are no property rights, but property rights. If there is a conflict and several family members want to take possession of the ashes, those who want the ashes should consult a lawyer. A lawyer should be able to tell you who has the right in certain situations. I asked my sister several times over many months what we were going to do with her ashes, but she didn`t answer. Then came the bomb – she decided to go to Suffolk with her daughter (my niece) and scattered the ashes without inviting me or my family because she doesn`t love us and our success. If there is a dispute over who should have or collect the ashes from the funeral home, please consult a lawyer. My daughter has not been informed of her father`s death, she has rights to his ashes, her brother who may have them will not speak to us Although the right to collect the ashes of a body after cremation usually rests with surviving relatives or an executor, disputes over the remains of a body are complex and sometimes cannot be resolved by law. When my father died, I took my mother and sister to a place in Suffolk and we opened a bottle of toasted champagne to my father`s life and our love for him, then my mother scattered her ashes – it was a very humiliating episode in my life because my father was a great person and I loved him very much.
My dad was sick for a while for 3 years, but when we found out his death was imminent, my sister and husband decided to take a cheap last minute vacation. Hard, I know. So if you don`t have the ashes and you don`t have the right to possess them, and you want some or all of them, then proceed with caution. You can hire a lawyer, which often incurs costs and often makes things worse – although this may be the only option in some circumstances. From a legal point of view, the executor of the deceased`s will indicated in a will or a close relative receives the legal right to collect the ashes. Without a will, the legal claim depends on a certain hierarchy of inheritance. A close relative`s rights to the corpse or ashes therefore depend on whether a will has been left or not. There are rights to ashes after the release of the crematorium and to those who have the power to collect them. A crematorium must return the ashes to the person who handed over the body for cremation. Despite this legality, this does not mean that the collector necessarily has the right to keep the ashes and do with them as he wishes. Alternatively, the next of kin, such as a spouse or child, would have the right.
However, this does not include a cohabiting partner or stepchildren. Hi, my name is Ann, my daughter died 4 years ago and was cremated, I had planned to bury her ashes with my mother. My request is that a friend have taken care of her ashes for me. On Saturday, she sent me a message telling me that she had scattered the ashes in the sea against my permission, if I could do anything about it, because it made me inconsolable again and again. Such disputes can arise for a variety of reasons. For example, some family members may want the ashes scattered in a specific location, while others may want to display them at home. Whatever the reason, the problem is rooted in the absence of a will of the deceased. The ashes or remains of a person who died after cremation are called “remains”. The rights to these remains are based on MCL 700.3206.
Make sure you know who has the right to make funeral arrangements, as it matters who has the rights to the remains! Click here to learn more about who has the right to make funeral arrangements. The cremation process reduces the body to bone fragments by exposing the body to intense heat and flames in a cremation chamber for about two hours. The remains are then ground into “leftovers” that we call ashes. It seems that you are morally completely right and that you did the right thing with your father. It is very unusual for a funeral home to take such measures, but very compassionate by the noises. We cannot provide legal advice as such and operate in the UK, so US law is likely to be different. They could get in trouble if actions were reported there, they could sue them for breaking contact, I think, and the U.S. is much more pugnacious than it is here. Did the funeral home tell your sister what she intended to do? Otherwise, how would she know that you had some of the ashes? Of course, you can`t see that we tolerate this – but some may think that ignorance is sometimes bliss, but that`s not for me to say. I hope everything works for you Regards, Richard In practice, it is usually the person who arranges and pays for the funeral and/or cremation who picks up the ashes once the cremation is over. This question often comes up because people wonder if they need to pick up the ashes from the funeral home or if they can send a friend or relative.
Or, unfortunately, the question also arises when there are conflicts or disagreements between family members, what to do with the body or who receives the ashes after cremation. You can also ask a friend or relative – basically any adult – to pick up ashes from the funeral home or crematorium on your behalf. All you have to do is contact the funeral director and let them know who is picking up the leftovers. I haven`t done any research and I have figured out everything I can find about the rights you have as a friend or relative to collect ashes from a funeral home.