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Funerals/Cremation remains 2 wills


In Florida, my mother passed I understand that I am the on being next of kin to sign cremation papers unless unavailable to do so, now I understand that there is a newer will than mine with/ a personal rep in other that is not a Florida resident(I heard that was a law in FL to be a personal rep)neither will has been found to be valid by court at this time...I've tried everything to talk it out and strike a deal with/ no avail..I don't want to lawyer up unless/until they try to sell her property..both will have been entered in court...who gets the ashes legally??  and if there is probate is it duty of court to validate will ??

I am not a lawyer, but I do know that a more recent will takes precedence over an earlier one. Unless you can demonstrate duress or undue pressure of some kind influencing the other will, then the will naming you will not prevail.

Who is named in the new will? What's his/her relationship to your mother? How much time has elapsed between the two wills?

Yes, it is the job of Probate to sort this out. And the ashes and property would go accordingly.


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Lisa Carlson


Funeral Law. Having written a 512-page book on funeral law for consumers with state-by-state information, I am very conversant with consumer rights in this regard: What are the laws on disposition of cremated remains? Is embalming required? Do I have to use a funeral home? Can I have a home wake? Is it a state law to buy a vault? I prepaid for a funeral but changed my mind. They won`t give me all my money back. What can I do? . . . If you have an immediate need for information because a death has just occurred or is about to occur, you may call me at 802-482-6021.


I have monitored the funeral industry on behalf of consumers for over 20 years. I have been a guest speaker to funeral trade organizations, consumer workshops, and social service professionals. I am regularly consulted by lawyers and legislators as well as journalists.

Funeral Ethics Organization ( Funeral Consumers Alliance (

Caring for Your Own Dead (1987) Caring for the Dead: Your Final Act of Love (1998) I Died Laughing: Funeral Education with a Light Touch (2001) Final Rights: Reclaiming the American Way of Death (2011) with co-author Joshua Slocum

Masters degree in Administration and Special Education

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Available as an expert witness for funeral-related court cases.

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