A recent decision from the Pennsylvania Superior Court highlights the fact that disputes over the disposition of a decedent’s remains did not begin and end with Anna Nicole Smith and Howard K. Stern. In Kulp v. Kulp the Superior Court considered whether the trial court abused its discretion in ordering the division of the cremated remains of the son of a divorcing couple where the couple could not agree as to the disposition, and where the husband objected todivision of the remains. In what I believe was a very well reasoned opinion, the Superior Court found that the trial court did in fact abuse its discretion, and remanded the case to the trial court for a determination with regard to disposition.
Filed under: Divorce, General Family Law, Pennsylvania Law