Stone Mountain, GA asked in Probate for Georgia

Q: My mother just passed and did not want to be Uncle made the decision to cremate and there is enough insuranc

Enough insurance to cover a burial and a funeral but won't change their minds even though I told them her wishes what do I do to fight it

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1 Lawyer Answer
James Clifton
James Clifton
  • Probate Lawyer
  • Fayetteville, GA
  • Licensed in Georgia

A: If your mother did not leave a will or medical directive stating her final wishes, it would have to be litigated if there was disagreement among the family. You would need to file an injunction to prevent your uncle from completing the cremation and then have the probate court make a final determination of the disposition of your mother's body during the course of the administration of her estate.

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