September 2013
Michael S. Pascazi, Esq., recently secured an order requiring a recalcitrant family member to turn over the cremated remains of a deceased family member for proper burial.
A beloved family member died, and his remains were cremated. Another family member then picked up those remains and held them for a number of years, refusing to turn them over to the administrator of the decedent’s estate for proper burial in the family plot. Attorney Pascazi, invoking the public health law, brought a special proceeding seeking an order of the N.Y.S. Supreme Court directing the turnover of the cremated remains for burial. Immediately subsequent to the hearing held in the matter, the recalcitrant family member relinquished the remains to the funeral director for burial. The case ended as well as could be expected for Attorney Pascazi’s client.
hould you, a loved one or a friend become involved with a matter regarding a deceased person or his/her estate, seek competent legal advice as soon as possible. Attorney Pascazi would also like to hear about it. Pascazi Law Offices PLLC represents parties to such matters.