To whom should my brother's remains go? 1 Answers as of August 31, 2015

My brother was cremated and his son was to receive the remains, but the personal representative took them. My brother left everything to his roommate, but we had already made arrangements with the cremation service to have the remains released to his son.

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Legally the cremains should have gone to the next of kin. If your brother had a will, if this situation was addressed in his will, the will rules. If your brother was not married and he has children, the children are considered his next of kin. When you say he left everything to his roommate, this indicates that there is a will. If that is the case an estate should be opened in the circuit court where your brother resided to probate the will. Once this occurs, you can petition the judge for a determination of who shall receive the cremains of your brother.
Answer Applies to: Florida
Replied: 8/31/2015
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