Can You Sue Your Siblings for Cremating Your Parents?

I got this call yesterday. Someone's father passed away. He had 8 children. Half the kids say that Dad wanted to be buried. The other half wanted to cremate him.

My first question, did Dad have an Advance Health Care Directive?

"No," says the distraught son.

Well, of course not, otherwise I would not have gotten the phone call.

Anyway, did you know that to cremate someone's remains you need to complete a cremation authorization for the company handling the cremation? And this authorization asks you to indicate where you are getting your authority for cremation? Advance Health Care Directive? Surviving Spouse? Majority vote of children?

Seriously.

At least 5 of the 8 kids need to authorize cremation before proceeding with the services.

Interesting, eh?

So, folks, get your Advance Health Care Directives in place.  Avoid this mess.

Here's a link to complete one free -- no need to get it notarized, you have two witnesses sign it instead: Office of the California Attorney General.