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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