QUESTION
What can I do as the biological daughter if my step sister who was the executor of the Will did not follow what is stated in it?
Asked on Mar 09th, 2013 on Estate Planning - Colorado
More details to this question:
There wasn’t anything left for me in the Will but I am the biological daughter. My father’s step daughter is the executor. The Will stated that he wanted to be buried but my step sister cremated him. Can I do anything about it?
6 ANSWERS
3 Awards
I suggest that you meet with an attorney to address the specific facts and determine if you want to file an action for wrongful cremation. It may be a question better presented to a personal injury lawyer.
Answered on Mar 12th, 2013 at 5:06 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You probably cannot do anything about the funeral arrangements. Under Michigan law, the executor gets to decide. The State legislature has deemed that funeral arrangements are decided by the survivors and this can be in spite of clearly stated intentions by the deceased. I am sorry for your loss and your situation.
Answered on Mar 11th, 2013 at 4:29 PM
2 Awards
Not likely but talk to an attorney about your specific situation.
Answered on Mar 11th, 2013 at 4:28 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, it is too late. You might consult with an attorney to see if you have any rights as a pretermitted heir to part of the estate.
Answered on Mar 11th, 2013 at 4:28 PM
You can petition the local probate court to review the will and how your step-sister handled the estate. Putting wishes about disposition of the body in the will isnt a good idea as the will usually isnt available at the time that decision needs to be made.
Answered on Mar 11th, 2013 at 4:28 PM
Unless the pre-termitted child exception applies, you are not entitled to be left anything in the Will. As far as not following the burial instruction in the Will, it may not have been known at the time of the funeral. The reason that we recommend that funeral and burial instructions NEVER be in the Will is that Wills are often not opened and read until after the funeral. For further information, visit with an attorney in your area who specializes in estate administration and litigation.
Answered on Mar 11th, 2013 at 4:27 PM