Really Sad Situation… More Reason to Plan
In the recent case of Wilson v. Wilson, a tragic accident and death created a dispute over the disposition of ashes of the remains of a son. A 23 year old son, single and with no children, died tragically in a automobile accident. His parents were the co-personal representatives and sole beneficiaries of his estate but they could not agree on the disposition of his ashes. The father wanted to bury the ashes in Georgia and the mother wanted to bury the ashes in Florida.
Father wanted the ashes to be divided and buried in both places. The mother objected for religious reasons. Father went to court to divide or “partition” the ashes. The lower court determined that the ashes were not “property” under Florida law and could not be partitioned. The appellate court agreed with the mother.
The court stated that given “the sensitive nature of the subject matter, and the fact that, historically, cremated remains have been treated the same as a body, neither institution constituting property, we decline to craft a policy at odds with our history and precedent.”
ADVICE: We never think our children or grandchildren will die before us but tragically it happens. Once a person turns 18 their parents should consider basic estate planning documents for them so that something is set forth in writing or at least discussed ahead of time. I know that this is a sensitive area but these poor parents not only had to deal with the grief over a death of a child but also with a very emotional and time consuming court proceeding.
GENEROSITY IS A KEY TO HAPPINESS…REACH OUT AND HELP SOMEONE TODAY!