Legal rights to remains in Colorado?

tickle · Jan 3, 2012, 10:01 AM

Surviving spouse would have legal right to his ashes, but I fail to see why anyone would make an issue out of this. How many of you know aboout his last wishes to have his ashes scattered?

JudyKayTee · Jan 3, 2012, 10:02 AM

Does everyone agree that his ashes should be spread in a specific place OR is that part of the disagreement?

As of this moment they "belong" to his wife - your grandmother.

Want to end this? Spread them while she's still alive.

She can also will them to someone - although I think that's pretty unnecessary and would involve writing a new Will.

kcomissiong · Jan 3, 2012, 10:11 AM

From this link, there is an order the Colorado follows to determine who has the right to dispose of the remains of a decedent. If there was no legal declaration made by your grandfather as to what should happen, and there was no person appointed under his will or as a part of his estate to handle the disposition the ashes, your grandmother is next in line.

Quote:

C.R.S. § 15-19-106. Right to dispose of remains.

(1) Subject to section 15-19-105 (2), the right to control disposition of the last remains or ceremonial arrangements of a decedent vests in and devolves upon the following persons, at the time of the decedent's death, in the following order:

(a) The decedent if acting through a declaration pursuant to section 15-19-104, subject to the provisions of section 15-19-104 (3) (a) (II);

(b) (I) Either the appointed personal representative or special administrator of the decedent's estate if such person has been appointed; or

(II) The nominee for appointment as personal representative under the decedent's will if a personal representative or special administrator has not been appointed;

(c) The surviving spouse of the decedent, if not legally separated from the decedent;

(c.5) A person with the right to direct the disposition of the decedent's last remains in a designated beneficiary agreement made pursuant to article 22 of this title;

(d) A majority of the surviving adult children of the decedent;

(e) A majority of the surviving parents or legal guardians of the decedent, who shall act in writing;

(f) A majority of the surviving adult siblings of the decedent;

(g) (Deleted by amendment, L. 2006, p. 900, § 5, effective August 7, 2006.)

(h) Any person who is willing to assume legal and financial responsibility for the final disposition of the decedent's last remains.

(2) (Deleted by amendment, L. 2006, p. 900, §5, effective August 7, 2006.)

(3) Disputes among the persons listed under subsection (1) of this section shall be resolved by the probate court. A third party shall not be liable for refusing to accept the decedent's remains or dispose of the decedent's remains until the party receives a court order or other reasonable confirmation that the dispute has been resolved or settled.

AK lawyer · Jan 3, 2012, 05:00 PM

Good job of finding the answer, Kcomissiong. I'm impressed.

JudyKayTee · Jan 3, 2012, 05:10 PM

Correct me if I'm wrong but don't the ashes ALWAYS belong to the next of kin, in this case the wife?

Even if someone else pays for the cremation, the remains belong to the next of kin - and in this case there's a widow.

AK lawyer · Jan 3, 2012, 05:15 PM

Quote:

Originally Posted by JudyKayTee

Correct me if I'm wrong but don't the ashes ALWAYS belong to the next of kin, in this case the wife?
...

They belong to whomever the law, in this case the statute, says they belong to.

That is unless I have forgotten an obscure clause in the U.S. Constitution to the contrary.

Legal rights to remains in Colorado?

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