Hudson, OH asked in Uncategorized for Ohio

Q: My mom is next of kin for my brother that just passed..because he is divorced now...she had to sign for cremation

Since she is the next of kin... my aunt not my mom's sister..asked for Ashes to b put on side for us family.she is saying there is none.i called funeral home to find out about ..they said 2 packets were made on side and given to her she is saying that there is none...nursing home is saying they can open urn cause it's not sealed to get some she is saying that it is sealed

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1 Lawyer Answer
Andrew Popp
Andrew Popp
  • Cuyahoga Falls, OH
  • Licensed in Ohio

A: No question is asked here. If you are questioning who has the legal authority to say what happens with a loved one's remains you should look to Section 2108.81 of the Ohio Revised Code. (link below) That is, unless your brother executed a separate declaration changing the law's default provisions. You may want to sit down with a probate attorney in your area to discuss the situation in detail.

Best of luck.

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