Fraud, Embezzlement, Bad Checks Is this fraud and theft?

Kyky816

New Member
Jurisdiction
Tennessee
My father was murdered in California in 2014. He had a wife and 2 children when he was killed. The coroner notified the mother, not the wife or children. The mother then lied and stated that he had no wife, or children, when she knew they did. She even wrote an eulogy and stated us and our names in it. She did it so she could take his ashes, and bury them with her so nobody else could have them. I've asked nicely for them, and she flat out refuses. I've talked to a lawyer and he said I have a case. I need opinions on my actions from here. Thanks so much!
 
It's neither fraud nor theft. In other words, nothing for which she can be criminally prosecuted for.

It's actually more likely a violation of probate laws which means that you would have to petition the probate court to order the return of your fathers ashes to his proper next of kin, which might not be you.

It might not even be you that is entitled to file the petition, it might be the next of kin (wife) or representative of the estate.

It's going to be complicated and expensive since it's a probate matter. Did the lawyer explain that to you?
 
I've talked to a lawyer and he said I have a case.

You will need to work with/discuss with your lawyer. We don't have enough information/complete information here.
 
If your father died in CA, that makes things more complicated.
You reside across the country in TN.
The remedy would have to be sought in CA.
If he died intestate, the CA laws of intestacy apply.

This CA lawyer explains how it works:
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Dying Wihout a Will or Trust in California
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As to the issue of ashes, the law doesn't speak to that directly.
I presume his mother funded his homecoming.
That's probably why she felt she deserved his cremains.
 
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