Q: Claiming a body for cremation by a family member who is now refusing to give the ashes to the father
My son, who was 34, died. My brother knew where I was but did not contact me instead He contacted my ex, who walked out on us when my son was nine months old due to drug addiction and gave my brother custody or next of kin to claim his body. Once he got the rights he cremated my son but is now refusing to give me the ashes. Is this legal and if not what can I do to get my sons remains
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- Answered
A:
I'm sorry for your loss and the difficult situation you are facing. In California, the right to control the disposition of a deceased person's remains generally falls to the deceased person's next of kin. If you are the biological parent of your son, you may have the right to claim his ashes. If your brother obtained custody or next of kin rights through legal means, you may need to challenge this in court to assert your rights as the biological parent. To resolve this matter, it is crucial to consult with an attorney experienced in family law and probate to understand your legal options and pursue appropriate legal action if necessary.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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