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farito · Jun 1, 2010, 02:59 PM

I know this lovely American old couple who have been living in Costa Rica for the past several years. He passed away a few weeks ago and despite his written will, the wife didn't take the corps to the U.S. for the funeral. She instead buried him in a local cemetery. Now the deceased husband's adopted daughter, who lives in the U.S. wants to take legal action against her dad's wife for not complying with the will. Should the wife be worried since she is planning to go to U.S. for a few weeks? Thank you.

cdad · Jun 1, 2010, 03:02 PM

Originally Posted by farito

I know this lovely American old couple who have been living in Costa Rica for the past several years. He passed away a few weeks ago and despite his written will, the wife didn't take the corps to the U.S. for the funeral. She instead buried him in a local cemetery. Now the deceased husband's adopted daughter, who lives in the U.S., wants to take legal action against her dad's wife for not complying with the will. Should the wife be worried since she is planning to go to U.S. for a few weeks? Thank you.

What did the will say about the deposition of the body? It sounds like what she did was bury him somewhere he loved and she can still look after him. Did it say something different?

farito · Jun 1, 2010, 03:12 PM

Originally Posted by farito

I know this lovely American old couple who have been living in Costa Rica for the past several years. He passed away a few weeks ago and despite his written will, the wife didn't take the corps to the U.S. for the funeral. She instead buried him in a local cemetery. Now the deceased husband's adopted daughter, who lives in the U.S., wants to take legal action against her dad's wife for not complying with the will. Should the wife be worried since she is planning to go to U.S. for a few weeks? Thank you.

Yes, The will said to be buried in California.

cdad · Jun 2, 2010, 03:57 AM

Originally Posted by farito

Yes, The will said to be buried in California.

If that is what it said then yes. There is a problem.

farito · Jun 2, 2010, 06:30 AM

What is the worst case scenario for the wife? Should she postpone the trip to U.S.

farito · Jun 2, 2010, 06:32 AM

Originally Posted by califdadof3

If that is what it said then yes. There is a problem.

What is the worst case scenario for the wife? Should she postpone the trip to U.S.

ballengerb1 · Jun 2, 2010, 06:35 AM

Not sure about the laws in Costa Rica but in the USA this is not a big issue. States vary but most courts recognized no property rights in a dead body. The wife broke no law and the deceased desire to be buried in the USA is considered a request. The wife can travel where she wants

farito · Jun 2, 2010, 06:35 AM

Originally Posted by ebaines

Yes - very unlikely, given what you've told us. It appears from what you told us that she had ample opportunity to alter her will - several years after the time the son left. The fact that she chose not to do so would be construed as positive evidence that she did not want it changed.

I know this lovely American old couple who have been living in Costa Rica for the past several years. He passed away a few weeks ago and despite his written will, the wife didn't take the corps to the U.S. for the funeral. She instead buried him in a local cemetery. Now the deceased husband's adopted daughter, who lives in the U.S. wants to take legal action against her dad's wife for not complying with the will. Should the wife be worried since she is planning to go to U.S. for a few weeks? Thank you.

farito · Jun 2, 2010, 06:38 AM

I know this lovely American old couple who have been living in Costa Rica for the past several years. He passed away a few weeks ago and despite his written will, the wife didn't take the corps to the U.S. for the funeral. She instead buried him in a local cemetery. Now the deceased husband's adopted daughter, who lives in the U.S. wants to take legal action against her dad's wife for not complying with the will. Should the wife be worried since she is planning to go to U.S. for a few weeks? Thank you.

JudyKayTee · Jun 2, 2010, 06:45 AM

Yes, the daughter can take legal action to have the father's body exhumed and moved to the US.

US Courts with jurisdiction would issue such an Order. I'm not sure that Costa Rica will.

AK lawyer · Jun 2, 2010, 06:53 AM

Originally Posted by farito

... Should the wife be worried since she is planning to go to U.S. for a few weeks? Thank you.

No.

Has the will been filed with a U.S. probate court?

If not, what would the daughter do? File to probate the will, and ask the court to order her to bury the body in California? Not likely to happen.

Originally Posted by farito

What is the worst case scenario for the wife? should she postpone the trip to U.S.?

No, she needn't postpone the trip. The worst that could happen is that the daughter could file some sort of a lawsuit and the widow, when in the U.S. might be served with process. Not a big deal at all. She could probably be served with process in Costa Rica in any case.

ballengerb1 · Jun 2, 2010, 06:54 AM

Daughter can try to get the body exhumed but the wife broke no laws. Not sure about Costa Rica but USA courts find no property rights for a corpse. Sound familiar, it's the same answer I posted on your duplicate posting of this question. Why the dup?

ballengerb1 · Jun 2, 2010, 06:58 AM

You have now posted your statement 3X, twice here and once again on its own posting. What's up with that??

farito · Jun 2, 2010, 07:06 AM

Originally Posted by ballengerb1

You have now posted your statement 3X, twice here and once again on its own posting. Whats up with that???

Sorry, I am new with this site. Trying to get some answers. I appreciate a lot your answer. Thank you.

farito · Jun 2, 2010, 07:11 AM

Originally Posted by AK lawyer

No.

Has the will been filed with a U.S. probate court?

If not, what would the daughter do? File to probate the will, and ask the court to order her to bury the body in California? Not likely to happen.

No, she needn't postpone the trip. The worst that could happen is that the daughter could file some sort of a lawsuit and the widow, when in the U.S., might be served with process. Not a big deal at all. She could probably be served with process in Costa Rica in any case.

Thank you for your answer. I'll let her now of the situation.

JudyKayTee · Jun 2, 2010, 07:27 AM

I do know that heirs (and I'm talking about NY) can sue to have the body moved. I know - it happened to me.

Difference of opinion over where my late husband should be buried - his wishes (which I followed) or those of his daughters. It's a question of whether the Will was followed.

Of course, if a Will can't control the heirs (from the grave) I would wonder if it could control burial - ?

Hopefully someone who knows 100% will come along.

Synnen · Jun 2, 2010, 08:17 AM

Okay---All posts regarding this question have been moved to this thread.

Please make sure to post each question only once, and to respond within the appropriate thread to get answers.

cdad · Jun 2, 2010, 02:56 PM

Originally Posted by ballengerb1

Daughter can try to get the body exhumed but the wife broke no laws. Not sure about Costa Rica but USA courts find no property rights for a corpse. Sound familiar, its the same answer I posted on your duplicate posting of this question. Why the dup??

I hate to differ here but do you have any proof of what your saying here? Every jurisdiction that Im aware of has laws regarding the deceased. Including cremation and the remains there of. Also if it is written into a will its more then a request. So long as there is money to cover expenses and room for a plot or place of internment then yes it must be honored and a court will hold them to it.

ballengerb1 · Jun 2, 2010, 03:17 PM

Judy can tell you how this worked out for her situation. My limted experience says a will gives legal, binding instructions on how your property and assets are distributed. Most states in the USA do not hold that a corpse is a property and has no property rights, so its outside the will. Many wills are read after the funeral and they lived in Costa Rica so the laws down there may differ. F.D.R. left a will stating he was to be buried in a wood box in an unmarked grave. Guess what, the dead President's wishes were not followed

JudyKayTee · Jun 2, 2010, 04:32 PM

I know that in my case (me on one side with my husband's expressed wishes and my step daughters on the other side which what he told them when they were children) I prevailed - but, to put it crudely, I had custody of the body.

I am not sure that a Will can control burial or cremation or anything concerning the body. If you can't control your assets from the grave ("I want so and so to get such and such and then when she dies ...") can a Will control a body? Ballenger is right - a body is not property.

I have also been told to leave burial instructions separately, not in a Will, because the Will may not be discovered and read and filed for probate for some time after death.

Good question - I'll see (I'm working tomorrow, in fact I'm testifying so I'll be surrounded by Attorneys) tomorrow.