Q: Neptune Society had cremated my Dad - then an employee changed my Moms contract as to who had rights to disposition
Mom paid Neptune $2400 to cremate my Dad. I took her to their office, she signed paperwork where SHE was the surviving spouse who had rights to his cremated remains - my younger sister was asked by Mom to go to Neptune and "pick out " an urn for Dad. When she did this, she also had the employee change the paperwork to include herself and my younger brother as being authorized to pick up personal effects and in the disposition of his remains. I was with Mom when she signed these forms. I am the eldest son. Fast forward to the day we went to pick up Dad in his urn - we were told that the day before, my sister had come to pick him up? My mom DID NOT AUTHORIZE ANYONE EXCEPT HERSELF to be allowed to bring Dad home. However, when we were shown the DISPOSITION paperwork she had signed, SEVERAL CHANGES HAD BEEN MADE to the original paperwork - with the directors initials next to each change as well as my Moms initials!! He was released to my sister without Moms knowledge. What can we do?
A: I can honestly say I've never seen such a fact pattern. If the sister is not willing to turn the remains over to your mom, then legal action will likely be necessary. I'm sorry for this unfortunate situation. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
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A: It sounds like there was some fraud committed in the changing of the disposition agreement. You have legal rights when someone commits fraud in such a situation. I agree that you should consult an attorney for a consultation as to what your legal rights/remedies are.
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