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Home > Law > Other Law   »   Who has the legal rights to parents ashes?

 
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Old Jan 31, 2006, 06:48 PM
penguin1964
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Who has the legal rights to parents ashes?

I have a question requarding my fathers ashes. In 1999 my father passed away, At the time of his death he was not married. He had a live in girl friend of 12 years. I dont know if Philadelphia is a common law state or not. My dad had three daughters. Two from his first marraige and one from his second. For one we were not informed of his death until after he had been cremated. We all knew this was his choice but given the circumstances of his death we as his children would have requested an autopsie (sp). On his death certificate by the way, it listed his girlfriend as his wife. They were never married. We children went to Philly 2 months after he passed to have a so called mamorial service. When we started asking questions we hit brick walls. All 3 of us were approached at the age of 18 with his will, told to read it and asked if we agreed. We were told "when I pass call my lawyer" Well we did. No so called will. We all realize my Dad was a middle income worker. Had a home, vehicle and a little travel trailer in the mountains. If I pull up the tax assessor for Philly it shows that about a year after my fathers death his house was sold to her for a $1.00. That one I could'nt figure out. Anyway, back to the main question. His girlfriend has his ashes. We all knew dad wanted his ashes "thrown in the trash" those were his words. He didnt want to be sitting around on someones coffee table collecting dust. We want his ashes to take them and put them in the mountains where we know he would want to be. We would love to have them now but she basically has no contact with us anymore. In the event of her death. who will receive my fathers ashes? I have 2 cousins that she still speaks to up in Philly with her. I know she would want them to have them, but by law, who should receive them? I know I kinda got off the track but any response would be appreciated.
Thanks in advance

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Old Jan 31, 2006, 11:43 PM   #2  
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I would suggest you consult your attorney.

Not only on the ashes, but on the house and the rest of the stuff.

Honestly, what I would do in this situation. I would go over to her house, try to be friendly. Once I located my father’s ashes I would snatch them up and run like hell. At least you then have possession of them instead of her. Because frankly, it sounds like you should have them. I know stealing is wrong, but if the ashes are suppose to be your property, then you have every legal right to take them. At the very lease, on a moral level, you are taking the ashes to honour your father’s wishes. That is, not allowing them to sit on some mantel.
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