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What are the legal rights for the Next of Kin in California?

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adang218

Junior Member
State of California.....

My parents are both divorced. When my Father passed away, he did not leave a will. But his sister and his mother (my aunt & grandmother) made me go to a notary to waive all of my rights towards his remains (he was cremated). I had to give his estranged family all of my rights to his ashes. I was very young at the time and felt coerced. The only witnesses were myself, my aunt, grandmother, and the notary. I believe my mother lost all of her rights when they divorced; however my brother and sister (both minors at the time) did not waive any of their rights. My mother was their guardian.... so if my brother/sister technically had rights over his remains as well, then I'm not sure if her permission was required. Since I was the only one who signed a notarized letter, is it valid? And since my siblings did not sign anything, does my family have a solid case in court for rights to my fathers remains?
 


Banned_Princess

Senior Member
State of California.....

My parents are both divorced. When my Father passed away, he did not leave a will. But his sister and his mother (my aunt & grandmother) made me go to a notary to waive all of my rights towards his remains (he was cremated). I had to give his estranged family all of my rights to his ashes. I was very young at the time and felt coerced. The only witnesses were myself, my aunt, grandmother, and the notary. I believe my mother lost all of her rights when they divorced; however my brother and sister (both minors at the time) did not waive any of their rights. My mother was their guardian.... so if my brother/sister technically had rights over his remains as well, then I'm not sure if her permission was required. Since I was the only one who signed a notarized letter, is it valid? And since my siblings did not sign anything, does my family have a solid case in court for rights to my fathers remains?

Why are you and your family fighting over his remains? is his dust gold?

Cant you just set up your own memorial, without using his actual ashes?

who are you going to go to to "get rights to his remains" sounds like a no starter.

What happened to his assets and debts? has probate been opened?
 

nextwife

Senior Member
And what if they had scattered his ashes, say, over the sea or the Grand Canyon, or somewhere else he may have wished?
 

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