Saturday, October 18, 2014

My step grandfather passed away last week. My grandmother and he were married for 50 years and his biological children were never around. He...

Question

My step grandfather passed away last week. My grandmother and he were married for 50 years and his biological children were never around. He spent all of his life with us. Now his biological children want to take him and bury him in Mexico instead of here with my grandmother (his wife of 50 years) and his deceased son from their marriage. What can I do?



Answer

You are advised to obtain the services of a probate litigation lawyer who can obtain an order restraining the biological children from removing grandfather to Mexico; however your chance of being successful are at best 50/50 since you are a step grandchild; but due to your living history with the grand parents versus the natural children in another country not having contact with the step grandfather for many years, militates in your favor.



Answer

You are wasting your time. Unless you are adopted, the next of kin have a quasi property right in the decedent's remains for the purpose of burial.



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