QUESTION
How do I go around or stop my deceased mother’s husband?
Asked on Oct 19th, 2013 on Litigation - Nebraska
More details to this question:
I am trying to find out how to go around or stop my deceased mother’s husband. We agreed that I would take care of her wishes because that is what she asked and he also lives in a shelter and has no money. He decided that he didn't want me to take care of it anymore. He still has no money and at time is just planning on leaving her at the medical examiners. Is there anything I can do to go around him?
6 ANSWERS
Ronald A. Steinberg
Go to probate court and get appointed as her personal representative, and then you can act on behalf of her estate.
Answered on Oct 22nd, 2013 at 1:40 PM
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Contact the funeral home and ask if they will allow you to make the arrangements since her husband is not. If they will not allow it, and he will not cooperate, you will have to go to court to get authority. You can do it yourself and if cost is an issue you can file a fee waiver.
Answered on Oct 21st, 2013 at 2:00 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You can seek appointment as personal representative of her estate. It will cost you some money to do so, and if he ends up objecting, then there will need to be a court hearing. If he does not object, then you would be free to make the necessary arrangements.
Answered on Oct 21st, 2013 at 1:55 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Go around"? Not sure what you mean. Generally, when a married person dies, all of the estate goes to the surviving spouse, unless there is a will providing to the contrary. Even then, there is what is called a "surviving spouse's right of election" which allows the surviving spouse a big chunk of the estate.
Answered on Oct 21st, 2013 at 12:39 PM
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You can petition the probate court to get authority to bury or cremate her. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Oct 21st, 2013 at 12:29 PM
As next of kin, you have the right to receive your mother's body from the medical examiner and follow her final wishes. You can also petition the probate court to name you as executor or personal representative of your mother's estate which gives you the legal authority to close her estate.
Answered on Oct 21st, 2013 at 12:26 PM