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Legal Rights to Possession of Cremated Remains

 

My ex-husband died two weeks ago. I need to know who has the right to make the final say on when and where his ashes will be disposed of: our oldest son who is 24, or my ex's mother?

This is tricky. In the State of Illinois, the person in charge of the cremation follows a specific order. This is mandated by law in Illinois. The following is the listing as I know here in Illinois:

  1. 1. Spouse
  2. 2. Power of Attorney with health care
  3. 3. Person Serving as Executor
  4. 4. Surviving Adult children
  5. 5. Surviving Parents
  6. 6. Surviving Siblings
  7. 7. Surviving Aunts/Uncles
  8. 8. Surviving First Cousins

Each state is different with the laws regarding cremation. Please check with a local crematorium or with your state board for the correct listing for your state. Stephen Dawson

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