A Florida appeals court has decided that the ashes of a young man killed in a car crash cannot be legally divided between his divorced, feuding parents. The Court ruled that the remains of the young man are not “property” that can be halved into two equal parts, and ruled in favor of the boy’s mother who opposed the division of her son’s ashes on legal grounds.
“It is a sorrowful matter to have relatives disputing in court over the remains of the deceased,” wrote the Judge. Indeed, as a probate lawyer, I have seen many families fighting over this very same issue as well as over the initial decision whether to be cremated or not.
The Court in this case noted that the young man didn’t leave a will or any instructions on how to treat his remains. No one could contemplate this type of scenario. This young man, a recent University graduate, no doubt, ever contemplated any end of life decisions, let alone those concerning his remains. However, this case is a wake up call for those of us who wish to be cremated, or have any particular funeral or memorial wishes.
I always ask my estate planning clients if they have any particular wishes concerning these issues. Most folks today express a desire for cremation, and many have already made pre-need arrangements. But, too many do not want to think about it, or put their wishes in writing, and this could have unfortunate consequences if their loved ones have different ideas.
At the Law Office of Debra G. Simms, all end of life decisions are discussed. Even the uncomfortable ones. Please call us for your estate planning consultation.
