My father past away many yrs ago and my mother just re married 15 months ago but has since past away this jan... does my stepfather have the rite to moms ashes or do I?

The law is not too clear on the subject. What, if anything, were your father's expressed wishes (perhaps by a will?) concerning funeral arrangements and so forth? If your mother "owned" them, the next question is whether provided for them in a will. If not, you would look to the intestacy statute in your jurisdiction to determine who inherits from her.

I'm curious though: why does your stepfather want the ashes? Have you asked him if you could have them?

AK, she's asking about her mother's ashes as her mother just passed away in January.

I don't know what her father's ashes have to do with it, but she wants to know if the step-father has rights to her mother's ashes.

He was her husband, he is entitled to her ashes.