My fathers Remains

[nikkinmiss]

What is the name of your state? Mississippi
I am not sure that this is where I should post this topic but I am taking a chance since I saw another post such as this.
As I have stated in other posts My father was killed by his wife, she has been convicted of V. Manslaughter although she is not in jail. She had my father Cremated and she has his remains. How would I go about getting the remains from her. I have asked several attorney's but have never recieved an answer. Short of going up to her door and asking for them I don't know what to do but I just don't think she is intitled to them.

 

[nikkinmiss]

Not a hot topic in Google

I have had no luck finding anything about this in google or any other search engine. Evidently Possession of a persons cremains isn't a hot topic in google. If anyone has any suggestions as to where I could look please let me know. I am supposed to meet with another attorney tomorrow and would like to arm myself with as much information as I can.
I also googled (JTWRS and murder) and have discovered that the lawyer that I first dealt with has miss lead me. He wouldn't have been able to misslead me if I had armed myself with as much info as possible. Any help would be greatly appreciated.
Thanks in advance.

 

[moburkes]

How did he die? Was it a car accident in which he was the passenger, or did she drive over him? Don't mean to be graphic.

 

[nikkinmiss]

Re: How did he die?

How did he die? Was it a car accident in which he was the passenger, or did she drive over him? Don't mean to be graphic.

SHe shot him in the chest with a handgun

 

[moburkes]

What is the name of your state? Mississippi
I am not sure that this is where I should post this topic but I am taking a chance since I saw another post such as this.
As I have stated in other posts My father was killed by his wife, she has been convicted of V. Manslaughter although she is not in jail. She had my father Cremated and she has his remains. How would I go about getting the remains from her. I have asked several attorney's but have never recieved an answer. Short of going up to her door and asking for them I don't know what to do but I just don't think she is intitled to them.

Maybe I misunderstood. What does the "v" above stand for?

 

[nikkinmiss]

The V is for Volentary Manslaughter which is what I beleive she was convicted of. I beleive the Judge called it Heat of passion Manslaughter

 

[moburkes]

The V is for Volentary Manslaughter which is what I beleive she was convicted of. I beleive the Judge called it Heat of passion Manslaughter

Just to let you know - that bites. Absolutely bites. I don't know if this is something that has been addressed by law. Hopefully, you will get good responses.

 

[nikkinmiss]

Thank you

Thank you for the response, I do hope someone can help me as well.

 

[Indiana Filer]

my condolences on the loss of your father. That is a horrible way to lose a parent, and now to go through the hassle of getting his ashes from that awful woman.

When was she convicted? Has the court given her a sentence of any type, such as probation? If she hasn't been sentenced yet, you can contact the probation department for the county, and ask to speak to the probation officer who is doing the pre-sentence investigation. Tell the officer that you wish to make a victim impact statement, and that you are requesting the return of your father's ashes. GO TO COURT when she is sentenced, and ask the judge to order her to give you his ashes if the probation officer doesn't request this for you.

Otherwise, your only solution would be to file a civil suit requesting that you get the remains.

(I'm a probation officer)

 

[nikkinmiss]

Thank you for your kind words,
Her trial was July of last year and she was sentenced exactly a year ago, she was sentenced to 20 years in prision, 15 served and the last 5 on post release supervision but she only stayed in jail for 5 days, she got out on appeal bond. I did turn in a victim impact statement but at the time that I filled that out I was half nuts with grief and depression that I didn't think to include the ashes, I have been trying to hire a lawyer for almost a year now, I did get a lawyer to help me file a wrongful death suit but he will not return my calls and I have no idea where that suit stands. I am also trying to stop the killers son from collecting the life insurance proceeds that is now up to about $430,000 dollars, He is just going to turn the money over to his mother. But it looks as if there is nothing I will be able to do to stop this from happening.
I really do appreciate your reply.

 

[peppylady]

Sorry about your father. My condolences to you. I was told that who evers name is on the death certificate usally are the rightful 'owner'.
I asked my attorney the same question.

 

[wire]

My God, Nikki, I am so sorry to hear about what happened to your father, and you.

The only thing I can think of is checking out the MS probate codes. I know in CA there is a section that states that any person convicted of causing the decedent's death is considered disinherited (more specifically, considered to have "predeceased" the decedent) and therefore he/she is not entitled to inherit anything.

I'm not sure if this applies to remains (by any reasonable person's logic it should, but who knows), but might be worth asking an attorney about.

Good luck to you, and hang in there.

(I am not an attorney, but have a few things in common with you.)

On edit, I found the CA section I mentioned above, and I hope that helps you out in terms of finding a similar MS section:
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=86172920032+1+0+0&WAISaction=retrieve

 

[nikkinmiss]

Thanks Peppylady and Wire, I appreciate your suggestions. Wire I believe what your refering to is called the slayer statute or slayer's rule, I have been researching this, I have printed everything I can find on it and am going to take it to the lawyer that I am going to meet with tomorrow. As far as I can tell Maryland has the best slayer statute of all the states as far as being more inclusive, But I have read that it is not uncommon for a state to borrow another states slayer statute or code depending on the situation.
Again thank you all for your kindness and all your suggestions

 

[nikkinmiss]

quick question

Which board would I need to post a question about Joint Tenancy with right of Survivorship?
I met with a new lawyer today and he said something that I disagree with but want to check on it before I say to much to him about it.