Q: In San Jose CA, how can I stop my brother from scattering my father's ashes immediately after the cremation?
My father just passed away today. My oldest brother is planning to immediately cremate and then scatter his ashes. He is also the custodian of my father while he was in elderly care facilities. We all agreed on the cremation. However, my other younger brothers and I want to have the ashes stay in the Buddhist temple, along with my mom's ashes. We cannot stop my older brother from scattering the ashes so want to file an injunction against such action. In San Jose CA, which court can I file the petition and what area of the law: estate, family, or ?
A: File your petition in the probate court. Call the court before filing your petition and ask about having your matter heard ex parte.
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