North Chicago, IL asked in Probate for Colorado

Q: How can next of kin claim ashes of deceased child when primary parent is serving life?

My new sister in law's daughter was murdered by her father who at the time had custody and is now serving a life sentence. She is trying to claim her daughter's ashes in the state of Colorado but isn't sure which type of probate it would be under or what paperwork she would need to complete to do so.

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1 Lawyer Answer
Timothy Canty
Timothy Canty
  • Probate Lawyer
  • Evergreen, CO
  • Licensed in Colorado

A: Colorado Revised Statute 15-19-106 lists and prioritizes the persons who have the right to a decendent's remains. If there was no designation in a will and no surviving spouse, the mother would have a statutory right to the remains. If the matter can't be resolved otherwise, a probate estate would have to be opened to obtain a court order.

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