Theresam
May 25, 2007, 04:20 PM
Last August my brother passed away. He was divorced, and his 3 boys were minors. We are in CA. My Mother was the next of kin, and so we got his ashes, we paid for the funeral, and have the ashes. We got a court order that his ex wife wants the ashes to be part of the estate, whom she is the administrator of. She is doing it on behalf of her boys. One is now 18. She also said we are guilty of a misdimeanor because we have not spread the ashes in a timely manner according to section 7103 health and safety. She is asking for order to relinquish ashes of deceased to the estate the ashes to the estate so his boys can bury them as the Catholic religeon does, since we have failed to act in compliance with the laws of the State of CA. We are willing to comply burying the ashes, just want to bury the ashes with my Father. This is what the oldest son asked in the beginning, but we have waited because the boys have been estranged from us. In good faith, we wanted to be at a good place with them, and do it as a family, without the ex wife, just us.
Is possession still 9/10ths of the law, do we need an attorney? It's just a hearing, will we get to say our peace? My brother left no will obviously.
Thanks in advance,
Sam
Is possession still 9/10ths of the law, do we need an attorney? It's just a hearing, will we get to say our peace? My brother left no will obviously.
Thanks in advance,
Sam