QUESTION
Is there any way to obtain some of my grandmother's ashes?
Asked on Jan 17th, 2015 on Estate Planning - Ohio
More details to this question:
My grandmother who raised me recently passed and was cremated. Her will did not mention anything regarding burial/cremation. My aunt is executor of the will and she is the youngest child, my mother is oldest and I have an uncle. My uncle and mother said I can have a pencil eraser amount for my pendant but my aunt says no. What options do I have? Her urn will be buried in the spring. I live next to grandma and I lived with them most of my life. They were more than grandparents to me. We were like their children and I am also in their will getting shares similar to her children. Would probate court see me as having special relationship and grant me a small portion of her ashes possibly?
1 ANSWER
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Your relationship with your grandmother doesn't have any effect on the disposition of her remains. The law, wisely in my view, doesn't attempt to judge the interpersonal relationships and affections of the deceased in the absence of specific direction from her. After all, she is no longer there to testify on her own behalf and the court would only get half the story from the survivors. When the will is silent on the disposition of her remains, her next of kin - not the executor - have the right to determine the disposition of your grandmother's remains. Her next of kin would be her children as a group, if 2 of the 3 agree to give you a small portion, then the 3rd would be powerless to stop them. Since your aunt seems to have possession of the ashes, it might be necessary to go to court to enforce your rights.
Answered on Jan 20th, 2015 at 9:20 PM