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PA Courts May Divide Cremated Remains Between Parties
In what appears to be an issue of first impression in a case over the disposition of the remains of a divorcing couple's deceased son, the Superior Court of Pennsylvania has ruled that trial courts have the authority to order the division of cremated remains where the loved ones are in a dispute. Nevertheless, the court found that the Court of Common Pleas of Schuylkill County had abused its discretion in ordering the division of ashes and remanded the case back to the trial court. Kulp v. Kulp, No. 269 MDA 2006,March 12, 2007.
The Case
The case arose from the divorce proceedings of Georgene and David D. Kulp, Jr. The couple became at odds about the placement of their son David's ashes, which are currently located at the couple's former residence where Georgene still lives. David was killed in a car accident before the divorce proceedings began, and Kulp wants the ashes kept together and buried in a neutral place.
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