My sister has been common law married to her husband for about 30 years. As I read the laws in Colorado she has plenty of evidence to prove this. Her husband died 2 weeks ago and she set to have him cremated. His son put a temporary restraining order against her and he won somehow with the judge using Rothke vs. McFarlane. Isn’t it true that the spouse should have the rights to her husbands cremains? Doesn’t the spouse trump the children? Also, 5280 Cremations, where the body is located told her that the son could change the death certificate to remove her name. Is that legal? We need some help.
The information provided is for general information and does not form an attorney-client relationship. See our .Bill HenryFounding Partner | 18 years of experience
Bill HenryFounding Partner 18 years of experience
This is a very complicated question and there is information that is not given that would help to answer it. I would recommend that your sister schedule a free 30 minute assessment to discuss the specific facts of the case. There can be appeals and statute of limitations that are important to be addressed, and those cannot adequately be addressed in a brief post. Our number is 303-688-0944.
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