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If there is no surviving spouse, or, at least in the state of Iowa, no designate; then all surviving children of the deceased are considered the legal next of kin. It is not illegal in any way to divide ashes. It is general practice in the Funeral Industry to deliver cremains (ashes) to which ever child has been appointed either by Durable Power of Attorney or by family mandate as the contractor of final arrangements. Once the cremains have been delivered to said person then those cremains become the business of the family and whatever they may chose to do with them, as long as there are no EPA violations involved, become the private business of the family. If there is a designate or a spouse involved than they have the final and legal say so as to the disposition of cremains and the children have no legal recourse.

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Q: What rights do the children have regarding a deceased parent's ashes?
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