Shawnee, OK asked in Estate Planning, Probate and Family Law for Oklahoma

Q: My mother passed in 2015 and my stepdad claimed her ashes but now my stepdad has passed. Who gets my mother's ashes?

1 Lawyer Answer
T. Augustus Claus
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A: In Oklahoma, the disposition of your mother's ashes, which were claimed by your stepfather after her passing in 2015, is typically determined by legal and familial considerations. If your mother had provided specific instructions for the disposition of her remains in a legal document, those instructions should be followed. Alternatively, if there is agreement among surviving family members on how to handle the ashes, such as keeping them or scattering them in line with your mother's wishes or their own preferences, that consensus can guide the decision. However, if there is a dispute among family members regarding the ashes' disposition and no clear instructions exist, it may be necessary to seek a court order to resolve the matter.

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