Rights over the cremains

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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.

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Posted by CDickinson
Asked on November 21, 2016 11:54 am
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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 consultation 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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Posted by Elizabeth Domenico (Questions: 0, Answers: 5)
Answered on November 21, 2016 3:20 pm