Divorced Florida Couple in Battle Over Son’s Remains

A long-ago-divorced Florida couple are finding themselves embroiled in perhaps the most-heated legal battle of their lives over a very unexpected item: Cremated ashes.

The remains in question are of their son Scott Patrick Wilson, who was 23 when he was killed by a hit-and-run drunk driver. The main problem stems from the fact that their divorce was finalized in back in 2007, and their son’s accident didn’t occur until 2010. Nowhere in their divorce plan was there a section for what to do with future family ashes.

That is not necessarily uncommon, and although the Wilson’s divorce was reportedly quite contentious, the 2 of them came to an agreement that it would be OK to split the ashes, so they could each do with them as they desired.

Unfortunately, a judge decreed that they were not able to do so, as ashes are not property, and therefore cannot be divided.

This came as quite a blow to the parents, as they both have different plans for the remains. Scott’s mother wants his remains in West Palm Beach, where he grew up, and Scott’s father wants the ashes in a burial plot owned by his family in Blue Ridge, Georgia.

The Wilson’s are expected to take this issue to a lower court, but if they are unable to come to a mutually beneficial agreement, the court may have to appoint a curator to attempt to carry out their wishes. Scott’s father has stated that he will not appeal past the lower court.

Source: http://www.nbcnews.com/news/us-news/florida-couple-fights-over-custody-sons-cremated-remains-n116191