my mother passed away and my step father is dating again, ami entitled to my mothers remains since he has a new girlfriend?

It is unfortunate that you are dealing with these difficult issues surrounding your mother's death. I can give you a general idea of your legal rights in this situation, but I strongly suggest that you seek the assistance of a probate lawyer. You raise several important issues, and a lawyer can help you determine what your legal rights are. A lawyer can talk with you in detail about your situation, and give you options for resolving these issues. 1. You have no automatic legal right to your mother's remains. However, your stepfather also has no automatic legal right them. If there is a dispute over who should keep them, you should first attempt to work out the dispute with your family. Mediation is a good way to do this. A mediator is a neutral party who will talk with everyone and try to work out a solution that works for everyone involved. Many courts have a mediation program that you can use at no cost. Check with the probate court in the county where your mother died to find out if they have a mediation program. If they do, they can advise you on what you need to do to sign up for the program. If no agreement can be reach, the other option is to file a court action. If you choose this option, a judge will decide who is best suited to keep your mother's ashes. Filing a court action can be expensive, and may not give you the outcome you want. You should try to work things out with your stepfather if at all possible. 2. Regarding your mother's will, you should contact your cousin, the lawyer. Ask if your mother kept her will in your cousin's office. If she did, the lawyer will give the will to the executor. The executor is the person named to carry out your mother's wishes as written in her will. If you cannot find the will, then your mother's property will pass to her heirs according to Ohio law. You can go to probate court to get your share of your mother's estate. You do not need to wait for your stepfather or anyone else to do this. You can apply as "administrator" of your mother's estate. The administrator is the person who gathers her assets, pays her final debts, and passes what is left to her heirs. Also, by opening the estate yourself, there is a possibility that whoever has your mother's will (if there is one) will come forward during the probate process. A probate lawyer can help you apply to administer the estate. Contact one who practices in the county where your mother died.   Tonya R. Coles Elder Law, Estate Planning, Probate www.tonyacoles.com