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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33079
Experience:  Over twenty-five years experience
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My husband was the executor of his aunt's will and organised

Resolved Question:

My husband was the executor of his aunt's will and organised the funeral. Unfortunately my husband has died and I'd like to pick up the ashes of his aunt. However, the funeral home won't release them to me as my late husband's brother has claimed them even though he lives in Austria. Do I have any rights to the ashes?
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas Judge replied 2 years ago.
These disputes are always very difficult. The executor would be entitled and responsible for the ashes. If your husband was one of the executors it would fall to the other executor to collect the ashes.
Expert:  Thomas Judge replied 2 years ago.
I hope that helps.Happy to discuss further.Please can you remember to rate positively - thanks
Customer: replied 2 years ago.
Your response didnt't tell me much more than I already knew - so I feel I've paid £36 for nothing really.
Expert:  Thomas Judge replied 2 years ago.
As you have already paid - what more would you like to know and I will try and help.
Customer: replied 2 years ago.
Will another answer cost me more money?
Expert:  Thomas Judge replied 2 years ago.
no not at all - I would of course ask to for a positive rating
Customer: replied 2 years ago.
My husband was the executor and he entered into contract with the funeral company. My husband died in March and before he died he asked me to collect his Aunt Dot's ashes. However the funeral home says that Peter's brother is the nearest blood relative and as such has claim on the ashes even though he lives in Austria. Do I have any way of collecting the ashes? The ashes are held by the funeral home based in Sheffield.
Expert:  Thomas Judge replied 2 years ago.
I rather think on the basis of what you have told me you have a god argument to get the ashes. The fact is that it was your husband who entered into the contract with the funeral company. You are his next of kin and executor of his estate. The funeral company do not have any legal relationship with the brother and you can insist that by the terms of the contact they should return the ashes to you and it will be for you to deal with the brother.Happy to discussPlease rate positively
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Customer: replied 2 years ago.
Many thanks for your reply.