Wilson v. Wilson

A father appeals a probate order determining that the son’s ashes were not “property” as defined by section 731.201(32), Fla. Stat. (2012), and therefore not subject to partition. We affirm.

The twenty-three year old son, single and without children, died in a tragic automobile accident. He left no will and no written or verbal instructions for disposition of his body. His parents are co-personal representatives of their son’s estate, and the sole beneficiaries.1

After their son’s death, the parents agreed to have his body cremated. They were unable, however, to agree on the final disposition…