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Does anybody have a legal right to ashes? Like if your husband died. Would the wife get to keep them
Family & Parenting / 2:35 PM - Saturday April 03, 2010

Does anybody have a legal right to ashes? Like if your husband died. Would the wife get to keep them

But what if a family member says I want them? Can they take you to court to get them? Are if your wife died does the husband get to keep them over brothers and sisters?

- Asked by Male, 29-35

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The significant married other has the rights to any remains of the deceased person.

- Response by lasttrueromantic, A Creative, Female, 36-45, Teaching

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Your closest relative has the right to your ashes.

So if you were married, your spouse would get them. If you weren't married but had children, your children would get them. If there are no children, your siblings get them.

I just hope that people don't really split them up among a few (or more) people. That's just.... I don't know. The idea of that just bothers me for some reason. :/

- Response by piscesrising, A Thinker, Female, Who Cares?, Boston, Internet / New Media

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The ashes can be seperated and given to all members. Put it in the will who gets what.

- Response by roaminginsomniac, An Alternative Girl, Female, 46-55, Law Enforcement

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yes the wife gets to keep them and even if you take him or her to court he or she will win hands down the family won't be able to get them unless the wife are husband gives them to the family of their own free will.

- Response by sweetc, A Career Woman, Female, 36-45, Home Maker

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Ashes legally are the property of the next of kin. And, yes, legal rights to ashes can be adjudicated in court. In your scenario, the husband would get to keep the ashes of his wife over her siblings, and vice versa (that is, a wife would have the legal right to the ashes of her husband over anyone else).

I recently read an article about a family of children who are arguing over the ashes of their mother. It has gone to court because the children can't agree on how to dispose of the ashes.

- Response by carinabay, A Cool Mom, Female, 46-55, Lawyer

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I would say that there is a sentimental right to keep them. Its also very important that when cremation wishes are honored, to also honor the request where the remains be kept and who has possession of them. I do know that some states require ashes to be kept in a memorial cemetery chapel so all family members and friends can pay respects.

- Response by 3wiltedroses, A Creative, Female, Who Cares?, Self-Employed

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I would imagine that just like all other of her husband's "personal property" -- she would be entitled to keep his ashes .. unless otherwise stipulated in his will.

I doubt if going to court is going to help anyone trying to override a legal wife's right to them ... brothers and sisters included.

Marriage brings those "rights".

- Response by mrscleaver16, A Married Girl, Female, 56-65

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That's a very good question. I would think legally the spouse would have some leverage in this area unless there was foul play involved, then the ashes would go to the siblings of the deceased party.

- Response by eriq68, A Mr. Nice Guy, Male, 36-45, Los Angeles

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One would imAgine the next of kin would have rights

- Response by duggers, A Guy Critical, Male, 66 or older

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No matter who wants it the spouse gets the ashes and all possitions of the decesed

- Response by frenchkiss49, A Thinker, Female, 56-65, Tampa, Who Cares?

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The spouse would get the ashes however, in the case that there is no spouse the beneficiary would be entitled to them.

- Response by staceym2112, A Cool Mom, Female, 26-28, Medical / Dental

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they go to the spouse

- Response by bigcurt, A Mr. Nice Guy, Male, 56-65, Pittsburgh, Self-Employed

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In Australia the Husband or Wife has the right over anyone and they have the final say..

- Response by oldman52, A Mr. Nice Guy, Male, 56-65, Sydney, Retired

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My guess is it is probably spelled out in the will. If the spouse inheirit everything then that would include the ashes. Hopefully if the spouse get them, they name someone to inheirit them after they die.

- Response by nowornever, A Thinker, Female, 66 or older, Financial / Banking

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Give each a thimble full

- Response by duggers, A Guy Critical, Male, 66 or older

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Give each a thimble full

- Response by duggers, A Guy Critical, Male, 66 or older

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Give each a thimble full

- Response by duggers, A Guy Critical, Male, 66 or older

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Give each a thimble full

- Response by duggers, A Guy Critical, Male, 66 or older

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Give each a thimble full

- Response by duggers, A Guy Critical, Male, 66 or older

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Give each a thimble full

- Response by duggers, A Guy Critical, Male, 66 or older

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Give each a thimble full

- Response by duggers, A Guy Critical, Male, 66 or older

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Give each a thimble full

- Response by duggers, A Guy Critical, Male, 66 or older

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Give each a thimble full

- Response by duggers, A Guy Critical, Male, 66 or older

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Give each a thimble full

- Response by duggers, A Guy Critical, Male, 66 or older

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Give each a thimble full

- Response by duggers, A Guy Critical, Male, 66 or older

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Give each a thimble full

- Response by duggers, A Guy Critical, Male, 66 or older

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Give each a thimble full

- Response by duggers, A Guy Critical, Male, 66 or older

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Give each one a teaspoonful

- Response by duggers, A Guy Critical, Male, 66 or older

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Give each one a teaspoonful

- Response by duggers, A Guy Critical, Male, 66 or older

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Give a teaspoonful to each

- Response by duggers, A Guy Critical, Male, 66 or older

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I say you can keep them when your husband dies

- Response by boxer1, A Guy Critical, Male, 36-45, Self-Employed

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I m not sure about the legality of keeping the ashes but one should be able to. As to the right to keep ashes that does and should go exclusively to the spouse first and foremost. It's also traditional that such be the case as well.

- Response by canajun, A Mr. Nice Guy, Male, 56-65, Vancouver, Self-Employed

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The closest relative gets them unless the person stipulated differently in the will. When my mother goes I will have hers just for the simple fact that I am all that remains. But sometimes that is not so simple. Hope no one fights over her--that would be very sad.

- Response by dreamdancer, A Creative, Female, 29-35, Houston, Other Profession

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