Palm Beach Estate Dispute Over Ashes & Burial

A Palm Beach probate appeals court just handed down, two days ago, a ruling that one’s cremated ashes are not “property” under the Florida Probate Code.  This probate case from the Delray Beach Courthouse dealt with two parents who could not agree on where to lay their son’s ashes, after the son was cremated.

Parents Can’t Agree on Burial or Ashes

• After losing their son in Palm Beach, the parents had their son cremated
• They could not agree on where the son’s ashes should be buried or place
• Buried in West Palm Beach or Georgia?
• How about 1/2 and 1/2 ?

Probate Court Judge Says Ashes Are Not Property

The probate court judge in Delray ruled that the ashes were not property under the Florida Probate Code : no splitting half half

• This made  Florida Probate Law:  issue of first impression
• Body and ashes are not property under Florida Probate Law

Here is the link to the complete, free, legal opinion of the Palm Beach appeals court for this probate case:  http://4dca.org/opinions/May%202014/05-21-14/4D13-598.CO-op.pdf