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Brothers fight over mother's ashes?
The youngest of 4 brothers was sole beneficiary to mother's life insurance. He prevented crematory from billing insurance. Oldest brother had to borrow $1,000 to pay for cremation, 2 weeks after death. He paid for main urn 4 tiny urns, one for each of the 4 brothers. Youngest brother was allowed by crematory to pick up ashes, all 5 urns. He intends to keep it all for himself and will not even tell other 3 brothers what his plans are for the main urn.
This is wrong on so many levels, but is there any legal recourse? Mother had filed Elder Abuse Protective Order against youngest son just before she died. |
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What country and/or state is this in?
In general the executor of the estate has authority to determine what happens to the ashes. Did the mother specify an executor (sometime called "personal representative") in a will? If she had no will - has an executor been appointed by the court? As for the life insurance policy - there is no law that says life insurance must be used to pay for handling the remains. In general the executor would pay for cremation out of the assets of the estate. |
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First the brother did not prevent then from filing against insurance, it just is not possible, Life insurance goes to the person listed as on the policy. It is their money and does not have to be sued for any other use.
The other brothers will need to file in probate to try and get the estate to pay the 1000 if there is any money or property in the estate and to get the court to order proper division of the urns. |
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