Oak Forest, IL asked in Estate Planning and Family Law for Illinois

Q: I have a question about parents cremains. Sister has my moms and I'd like them split along with my dads.

My sister has my moms cremains and I'd would like them split. So my sister and I each have 1/2 and my parents are together. My sister says because she has had the remains at her house because my dad didnt want them at his house when she first passed away that they are hers. Legally do they belong to her? It was never put in writing that my sister gets the cremains. Please advise.

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1 Lawyer Answer

A: The easy answer to this is "no", your mother's ashes do not legally belong to your sister. I hope the two of you can work out this matter amicably and not have to take it to court.

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