I am the Executor of the will. My mother has stated in her will that her remaining money would go towards having a cremation. I am keen to take my brother to court because I want to honor my mother's wishes. My second plan is to have a burial service and sue my brother for the additional costs. I'm in a dilemma. If anyone has dealt with something similar or could give some advice that would be greatly appreciated!
Betcha if brother had to cough up the $10K to deal with an open grave burial, he'd change his tune.
People opt for cremation for many reasons and it's YOUR job as executor to make those things happen. This is the exact reason our SON is not our executor and our DAUGHTER is. She will do everything just the way we want. Son would drive his sisters crazy.
I agree with Geaton. Take the will to the crematorium and show them.
Or can you have an attorney write a letter to them with a copy of the will?
So sorry that you are in this predicament.
Best wishes to you.
Take the will and your ID to the mortuary and tell them you are the authorized party to make decisions in this matter and to do it. If they continue to balk, transfer your mother's remains to another mortuary, then sue the first place for the additional expense incurred. That's a lawsuit you could win.
I also liked that you need to show Moms will to the Crematorium director to show that you r caring out Moms wishes.
If there is enough money for burial, why not avoid the lawsuit against brother (who may or may not have any money to pay you anyway) and just do a simple burial. It avoids the hard feelings that will last for many, many years and, more important, the legal expense for a suit. You'd probably end up spending the same amount anyway AND the irreparable damage done within the family. Consider that some people just can't deal with having a loved one 'burned' up.
If your Mom is still alive, could she tell her son her wishes, or is that something she can no longer do?
You need to hold by your Mom's wishes.
I'm glad I got to honor my mother's wishes.