Asked in Family Law and Car Accidents for Idaho

Q: can I stop my boyfriends mom from taking half of his ashes?

My boyfriend passed away unexpectedly in a car accident. His mom has requested half of his ashes. She hasn't been apart of his life since he was very young. His father had full custody of him. We don't feel she deserves half his ashes

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1 Lawyer Answer

Kevin M Rogers

Answered
  • Boise, ID
  • Licensed in Idaho

A: His ashes are the only thing he had that he could will to anyone, but he died without a will, so the Uniform Probate Code dictates that his ashes would pass to his children in per stirpes. If he had no children but is survived by parents, his ashes will pass to his parents in equal shares. You were never married to him and have absolutely no say in the matter. I’m sorry.

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