Danville, VA asked in Estate Planning, Family Law, Civil Rights and Communications Law for Virginia

Q: Can my father's living siblings & children successfully fight for the right to properly bury my father who has no will.

My father is born and raised in Danville, VA. He remarried to make his oldest daughter a legal citizen which wasn't completed. His baby mother has refused to allow us to have his body for our funeral & burial. They expect our entire family to drive 8 hours to visit my father, plus they are burying him in a state alone. My father doesn't have a will we can locate but he has living siblings and children who can speak for his wishes. He wants to be buried by his mother most importantly. They asked for our opinion only to do what they want. They've even done something that my father told me would make him turn over in his grave & they didn't care. I spent 22 years my entire life with my father. My sister has only know him for 4 years, nearly 5. She told me my opinion was heresy which I believe to be true since I was the child here to hear him say it. My older brother 26 & younger brother 15 also reside in Danville VA.

1 Lawyer Answer
Benjamin Inman
Benjamin Inman
  • Estate Planning Lawyer
  • Tysons Corner , VA
  • Licensed in Virginia

A: Im sorry that you lost your father. Losing a parent at any age can be extremely difficult.

I dont think there is enough information in your question to give you an answer. My best guess from reading between the lines here is that your father died outside of Virginia in a state where he was residing with his wife. If that is the case, the questions you have will depend on the law of that other state. Since you say he died without a will, you will need to look up that state's intestacy laws.

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.