Question:

scattering ashes

by Guest180  |  12 years, 7 month(s) ago

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hi there meant to be scattering my stepfathers ashes today but his daughter has called the place and cancelled stating she is the next of kin and she is not happy to go ahead she is not the eldest child and they wer not married it was common law my mother paid for the funeral i was wandering if we had any rights to go ahead with this and if we went against her wishes what are the consequences ? thanks

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  1. Guest2024
    If they were in a state that recognizes common law marriage, then in accordance with the laws of that state (which are by the US Constitution therefore recognized by all 50 states) they were legally married. The lawful next of kin with the authority to say yay or nay would be his wife. No one else can claim that authority unless she is either deceased or legally declared incompetent to handle her own affairs or those of another. Beyond this, one would need to research not only the laws of the state, but also the court cases that in any way referred to such a situation. For this a lawyer is the best route. Perhaps the state has a state paid legal aid office near you?

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