Livonia, MI asked in Probate for Michigan

Q: Death

My father passed away he was divorced my mom brother and i had him cremated i inherited all his money my mom an brother were upset by that an due to that have been withholding my fathers remains cremation certificate and flag application for the navy from me to try an bribe me to give them money they have postponed his services for two months and refuse to give me my portion of remains an also refuse to do a service what can i do to ensure my dad gets a proper service and i get my flag and portion of remains

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1 Lawyer Answer
Trent Harris
Trent Harris
Answered
  • Estate Planning Lawyer
  • Jackson, MI
  • Licensed in Michigan

A: I’m sorry to hear this is happening in your family. The disposition of remains is a right reserved to the next of kin under Michigan law. Since your mom and dad appear to have been divorced, your mom did not have rights to dictate the disposition of your father’s remains or keep them. The right to make those decisions belongs to your father’s children - you and your brother. If you and your brother can not agree what to do with the remains, you could file a petition with the probate court to adjudicate the dispute.

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