Brother found dead wife will not allow Parents or siblings to attend funeral

[Tammy4673]

What is the name of your state? Rhode Island
What do you do in a case like this? My friends brother was kicked out of his house by his wife. The wife also got a restraining order against him. He was found dead last week and the medical examiner stated he had been deceased for three months. His remains are being released to the wife. She is refusing to allow his parents or siblings to attend his funeral. Do they have any recourse at all? They don't have money to pay a Lawyer and there hasn't been one who will give them advice without payment. What can they do before it's too late?

[BelizeBreeze]

The wife, bitch though she is, has the legal right to exclude anyone she sees fit to exclude, including family.

[xylene]

Originally Posted by Tammy4673

He was found dead last week and the medical examiner stated he had been deceased for three months.

So it was at least 3 months since the family had seen or heard from Brother...

I'm not trying to be judgemental, but this situation must have a side your not telling.

[Tammy4673]

Reply to Xylene.....yes, they did not see him for three months but were actively searching for him with the help of the police. They also passed out flyers and did whatever they could to try to find him. From what I saw the wife was not looking...she moved in a boyfriend during this time. That's why it's so sad she is doing this to his family...it's not about her love for him it's about control. Thanks for your input

[xylene]

Originally Posted by Tammy4673

Reply to Xylene.....yes, they did not see him for three months but were actively searching for him with the help of the police. They also passed out flyers and did whatever they could to try to find him. From what I saw the wife was not looking...she moved in a boyfriend during this time. That's why it's so sad she is doing this to his family...it's not about her love for him it's about control. Thanks for your input

I'm not questioning the families love, just trying to ascertain the situation, because you are obviously ommitting a great deal of history.

Bottom line is, it would seem that the wife has a right to control the funeral.

[Tammy4673]

I am only giving the information I am aware of. I know they were looking for him since he disappeared. He also has some medical issues. I figured his wife would be able to do whatever she wanted...I just thought since she wasn't looking for him and because she got a restraining order maybe his family would have some legal rights. Thanks for the advice....I appreciate it.

[ceara19]

Originally Posted by Tammy4673

I am only giving the information I am aware of. I know they were looking for him since he disappeared. He also has some medical issues. I figured his wife would be able to do whatever she wanted...I just thought since she wasn't looking for him and because she got a restraining order maybe his family would have some legal rights. Thanks for the advice....I appreciate it.

They could attempt to go through the courts to have his remains released to them instead of the wife. However, in the end, they will almost certainly lose and will have accomplished nothing but delaying laying him to rest.

There is no law that prohibits them from having their own memorial service for him. Unfortunately, I have been to several services where their were NO remains to be laid to rest. Funerals and memorial services are for the benefit of the LIVING, not the deceased. It may be very therapeutic to friend and their family to hold their own service with family and friends.