The Pennsylvania Superior Court finds that while the court can order the division of a decedent's ashes in a divorce case in some circumstances, in this case the husband objected, so the trial court abused its discretion by overriding a next of kin's wishes. Kulp v. Kulp (Pa. Super Ct., No. 269 MDA 2006, March 16, 2007).
Georgene and David Kulp's son died and his ashes were placed in an urn. Sometime later, the couple began divorce proceedings. During the proceedings, Mr. Kulp asked the court for injunctive relief concerning the ashes.The court entered an order equally dividing the ashes into two separate urns, with each party having the discretion to put the urns in the site of their choosing. Mr. Kulp, who wished to keep his son's remains intact, appealed, arguing there was no property right in the remains.
The Pennsylvania Superior Court reverses, holding that while the right to dispose of a decedent's remains is not a property right, the court does have authority to order the division of remains in some circumstances. In this case, however, the trial court abused its discretion by overriding one of the next of kin's wishes.
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