Q: Who has rights to cremated remains? Next of kin or executor if will does not mention remains?

A: This is a complex and sensitive situation. Based on the information provided, here's an overview of the legal considerations in California:

1. California law generally gives priority to the deceased person's written instructions regarding disposition of remains. However, in this case, it seems there were no specific instructions in the will.

2. In the absence of written instructions, California Health and Safety Code Section 7100 establishes a priority order for the right to control disposition of remains. The order typically is:

a) The person appointed to control disposition in a written document

b) The surviving spouse

c) The sole surviving child or majority of children

d) The surviving parent or parents

e) The sole surviving sibling or majority of siblings

f) The next degree of kinship

3. As the only surviving family member, you would likely have priority over the executor in controlling the disposition of the remains according to this law.

4. The executor's role is primarily to manage the estate's assets and debts. While they have a duty to carry out the deceased's wishes, they don't automatically have rights over the remains unless specifically granted in the will.

5. The fact that the will left the estate to the executor doesn't necessarily grant them rights over the cremated remains, especially if not explicitly stated.

Given these points, you may have a strong legal claim to possession of the urn until burial. Here are some potential steps you could take:

1. Send a formal written request to the executor citing California Health and Safety Code Section 7100 and your status as next of kin.

2. Consult with a probate attorney in California who can advise you on your specific situation and potentially help mediate with the executor.

3. If necessary, you may need to file a petition with the probate court to assert your rights and request an order for the release of the remains.

4. Consider reaching out to the cemetery or funeral home involved, as they may be able to provide guidance or mediation.

Remember, while you may have legal standing, courts often encourage parties to resolve such sensitive matters amicably if possible. Attempting mediation or negotiation before pursuing legal action might be beneficial.

It's important to note that laws can be complex and may have nuances based on specific circumstances. For the most accurate advice tailored to your situation, it would be best to consult with a local probate or estate planning attorney in California.