• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Remarried husband, rights to deceased wifes body?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state (only U.S. law)? AZ

They were married in CA. She passed away in AZ. A tandem (one above the other) plot was purchased as the husband intended to be buried with her upon his death.

Husband paid for plot of land, son of the deceased paid for the tombstone and funeral.

Husband was a 3rd husband. When he found out she left her savings to her son instead of him, he became very angry. He disposed of wife's belongings and never sent them to her son. Remarried within 1.5 years after her death.

Son and other family members have asked Husband to sign over ownership of the plot of land to the family, as he is now remarried and has expressed that he has no positive sentiments towards deceased wife any longer. Husband has refused to sign over ownership, even when offered money.

Issue is not the plot of land, but the "ownership" of the deceased's body.

Son was told that since husband has remarried, he can have her body removed, and buried somewhere else, since husband refuses to transfer ownership of plot.

Is this true?
Does son need permission from Husband to move the body?
What rights does son have in this situation?

Thank you.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? AZ

They were married in CA. She passed away in AZ. A tandem (one above the other) plot was purchased as the husband intended to be buried with her upon his death.

Husband paid for plot of land, son of the deceased paid for the tombstone and funeral.

Husband was a 3rd husband. When he found out she left her savings to her son instead of him, he became very angry. He disposed of wife's belongings and never sent them to her son. Remarried within 1.5 years after her death.

Son and other family members have asked Husband to sign over ownership of the plot of land to the family, as he is now remarried and has expressed that he has no positive sentiments towards deceased wife any longer. Husband has refused to sign over ownership, even when offered money.

Issue is not the plot of land, but the "ownership" of the deceased's body.

Son was told that since husband has remarried, he can have her body removed, and buried somewhere else, since husband refuses to transfer ownership of plot.

Is this true?
Does son need permission from Husband to move the body?
What rights does son have in this situation?

Thank you.
No, it is not true.
Yes, he needs permission.
Son should speak with an attorney for assistance.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top