Phoenix, AZ asked in Estate Planning, Family Law, Personal Injury and Probate for Kentucky

Q: 10 year old's dad died in car accident, brother and mom took next of kin and refuse to give my daughter ashes

My 10 year olds dad was killed in a car accident, his brother and mother have taken over the estate (we are in different states and weren't married) and had him creamted, and have told me they will not give any of my daughters dad's ashes to her. I have filed petetion for head of estate for my daughter so we can also file wrongful death charges as i'm sure his family already has, how can i stop them from keeping the ashes from my daughter? the memorial is 7/30, how can i stop them from accessing the ashes?S

1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Estate Planning Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: You’ll have to file a lawsuit against the family and the estate regarding the ashes, but certainly nothing is going to be accomplished by 7/30/22. I am not sure it would be worth the cost of filing suit, but that is certainly your decision.

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