QUESTION
Do I have say in what happens to my fathers ashes and belongings?
Asked on May 17th, 2016 on Wills and Probate - Georgia
More details to this question:
My dad died without a will and without a spouse so I assume his belongings should go to me but at the moment they are in possession of my grandfathers girlfriend who has no relation to my dad. She also has his ashes and has been putting them in jewelry to give to "family". I was never aware of this until recently. What can I do? She has refused to give me his belongings and ashes.
1 ANSWER
4 Awards
I am very sorry for your loss and the extra stress of the situation you describe. If your father had no spouse, then normally his children (you, and any other children, if he had any) would be the heirs and the next of kin, and would have the right to receive both control of his remains and whatever assets remain in his probate estate after the payment of his debts, taxes, and any administrative expenses. The best way for you to get control of the ashes and belongings may be for you to open his probate estate. In Georgia, this means filing a Petition for Letters of Administration. You should then be able to seek to have the court force your grandfather's girlfriend to turn over the ashes and the belongings. Ideally, seek the help of a good probate attorney for help with the whole thing. Best wishes to you.
Answered on May 18th, 2016 at 5:31 AM
This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.