My mother passed away 2 1/2 years ago and my aunt will not give us (me & my sisters) her remains. (She was cremated.) Is there anything we can do? She has also taken all of her personal belongings without giving us a chance to go threw anything. Recently she told someone they could throw away all of her "stuff".
2007-12-17 05:00:16 · 5 answers · asked by jenny g 1 in Politics & Government ➔ Law & Ethics
YOu either need an atty to examine the probate status, or forget it.
2007-12-17 05:10:00 · answer #1 · answered by wizjp 7 · 0⤊ 1⤋
A Power of Attorney does not, under ANY circumstances, survive the death of the grantor.
If your mom had a will, then her estate, including her remains, passes as described in her will.
If she did not have a will, then it will pass as per your States rules of intestacy - which if she was not married at the time would mean that you and your siblings would get it all. A sister would not even get a share.
If she has taken property from the estate, or allowed someone else to take it - even if only to throw it away - then she has committed a crime.
If all you're talking about is souvenirs of your mom, of no great economic value, then I suggest that you point this out to your aunt, and if she still won't let you have your moms remains and possessions then you can file a police complaint.
If the estate has any cash value then it may be worth your while hiring a probate lawyer. Your aunt will have NO standing to do so, unless she was named as executor in your moms will.
Richard
2007-12-17 05:11:17 · answer #2 · answered by rickinnocal 7 · 1⤊ 0⤋
Wow. that is the worst.Why don't you go to the Surrogates Court in your town and try to get some legal help/counseling. Because you guys as her children have more rights than her siblings. Speak to an attorney asap. That is so unfortunate. I wish you the best.
2007-12-17 05:15:45 · answer #3 · answered by Ajanae 1 · 0⤊ 0⤋
Take her to Court. You are Closest in blood ties ....The same happened to me as an Only child of a marriage....Get a Court Injuction to immediately Stop her.
2007-12-17 05:13:20 · answer #4 · answered by ShadowCat 6 · 0⤊ 0⤋
did your mother have a will?..check with your local probate office. If not your aunt can tell you to take a leap of a bridge..she had power of attorney
2007-12-17 05:04:20 · answer #5 · answered by Robert P 6 · 0⤊ 2⤋