The question of legal ownership of cremated remains (often referred to as “cremains”) can indeed be complex and is often guided by local or state laws, customs, and specific wishes left behind by the deceased.

1. Last Will and Testament:

• The deceased’s last Will often contains specific instructions about their final wishes. This can include who should retain possession of their ashes. When such directions exist, they are typically honored as the primary determinant of ownership.

2. Hierarchy of Rights:

• In the absence of explicit directions in the will, many states and countries have a hierarchy of rights concerning the cremains.
  • Surviving Spouse or Domestic Partner: Generally, the surviving spouse or domestic partner is granted the first right to the ashes.
  • Surviving Children: If there’s no spouse or partner, the right typically goes to the deceased’s surviving children. This can become a point of contention if multiple children have different views on handling the ashes.
  • Other Relatives: In situations where there’s neither a spouse nor children, other family members, such as parents or siblings, may have a claim.

3. Disputes and Legal Actions:

• If disagreements arise among equally ranking members of the hierarchy (e.g., siblings), legal intervention might be necessary.
• Those involved should seek legal counsel to understand their rights and potential courses of action.

4. Pre-arranged Plans:

• Some individuals, while alive, may have made arrangements with a funeral home or crematory about the handling of their ashes. These arrangements can sometimes provide clarity in disputes.

5. Cremains as Property:

• Legally, cremains are often treated differently from other types of property. While they don’t have economic value in the traditional sense, their sentimental value can be immense, leading to complex legal considerations.

Conclusion: The legal ownership of cremains can vary based on the deceased’s wishes, familial relationships, and local laws. In any dispute, it’s crucial to approach the situation with sensitivity, considering the emotional significance of the remains. Consulting with legal professionals can provide clarity and help in resolving disagreements.