QUESTION
if someone has a warrantt and is keeping his deceased wife from her family having her a funeral what actions can the family take?
Asked on May 08th, 2014 on Wills and Probate - Georgia
More details to this question:
my sister passed away last night and her husband is saying she didn't want a funeral and is having her cremated right away but the family wants to have a normal funeral for her children then have her cremated. The husband is refusing this to her father mother and sisters. They live in Columbus Georgia. We know for sure the husband has warrants in Florida. What can we do to have a funeral for my sister?
1 ANSWER
4 Awards
My condolences on your loss and on the added distress you are suffering. You and your other family members are free to hold (and pay for) your own memorial service for your sister, but unfortunately, unless she had an Advance Directive for Health Care or similar document appointing someone other than her husband to make decisions for her regarding the disposition of her body after her death, he would normally be the person who gets to make those decisions under Georgia law. Whether he has warrants out for him does not affect that question. If he and she were in the process of getting divorced, that might change the answer, but you don't state in your post that they were getting divorced. And it may be too late now anyway. I'm sorry to be the bearer of bad news, but the law does not normally give extended family the right to make those decisions instead of a spouse.
Answered on May 19th, 2014 at 4:15 PM
This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.