want my mothers ashes

[mis12976]

Michigan
My mother died a few years ago. He gave all her belongings away, let many payments (house & utilities) lapse, collected ALL my sister s.s.i. I asked him many times for her ashes. Now he's remarried and still won't give them to me. It's bad enough I lost my mother, but I feel like I've lost her all over again by not having her ashes. Is there anything legally I can do about getting her ashes back and compensation for her missing belongings? Thank you for any advice you can give. Melissa

 

[I AM ALWAYS LIABLE]

My response:

Melissa, who is "he" ? Your bio-father, step-father ?

Were they married at the time of Mom's death ?

IAAL

 

[mis12976]

here's the missing info

First I'd like to say THANK YOU! for answering both my post so quickly! "He" was my mother's third husband. They were married for about 5 years before she died. He is not the father of any of my mothers children. He recieved my sisters s.s.i. because she stayed w/ him until the school year was done. Now s.s.i. is suing my sisters bio father for the overpayment. My sis was 12 when mom died and is now 15. She's not had any s.s.i. since a few months after moms death. I know it's all complicated and I asked many questions. I really just want moms ashes. And maybe some advice for sis' dad about s.s.i. Thanks Again! Melissa

 

[I AM ALWAYS LIABLE]

My response:

Melissa, I scoured the Michigan Statutory laws for you to see if there was anything having to do with cremation remains, and perhaps division of ashes among survivors. Unfortunately, there is no such law in your State.

Ashes, or cremation remains, are considered property. Once a Human Being dies, the body and/or the cremation remains become personal property. You see, unless there is a Will specifying the disposition of specific "personal property", such as ashes or cremation remains, such property immediately becomes the owned property of the surviving spouse. If there is no surviving spouse at the time of death, then such property goes to the children of the deceased.

I'm really sorry, Melissa. I really tried to find something favorable to you in the Michigan Statutory Laws. However, with an issue so important, please take this issue to an Estate Attorney for a final answer. Perhaps I missed something. Perhaps there is favorable "case law". I don't know.

Good luck to you.

IAAL

 

[mis12976]

Just wanted to thank you again for taking the time to check into this for me.