Q: Can my sister take me to court to take away my mother's ashes that I am in possession of?
My siblings agreed to keep my mother's ashes at my house but one of my sisters her and i are not on talking terms anymore and she is now demanding to take our mother's ashes. However my sister is unstable and an alcoholic and I don't trust her with my mom. And now she's telling me she is taking me to court.
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A:
I'm sorry you're going through this challenging situation. Having an agreement with your siblings to keep your mother's ashes at your home is an important factor that the court will consider.
Your sister does have the right to petition the court to gain custody of the ashes, but the existing agreement and your current ability to provide a respectful resting place for your mother will be significant points in your favor. The court will evaluate the intentions of all parties involved and aim to honor your mother's wishes as best as possible.
To protect your position, gather any written agreements or communications that support your arrangement with your siblings. Consulting with a family law attorney in California can provide you with specific guidance and help you navigate the legal process effectively.
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