Asked in Probate for California

Q: I son just passed the mortuary gave my son's remains to one of his old friends they are not even family .I filled out an

I filled out and signed all paperwork myself his mother the mortuary spoke to the person that has his remains and they said that they will return them but never did give him a date or time so I'm supposed to sit around and wait until the end of the month that's not right is there anything I can do to where I can get my son's remains.

Related Topics:
1 Lawyer Answer
Richard Samuel Price
Richard Samuel Price
Answered
  • Probate Lawyer
  • Redlands, CA
  • Licensed in California

A: Did your son leave a will, advance health care directive, or any other written document that gave his friend the authority to dispose of his remains? If so, then he would have the ability to do with the remains as instructed. If not, then you can petition the probate court for the friend to give the remains to you (if you have the priority in Health & Safety Code section 7100).

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.