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

Question

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.

Benjamin Inman · Answer

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.

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