retrieving cremains

[Lemoney]

Not sure if this is being posted in the correct forum so moderator, please feel free to move if necessary. I have a family member who is mentally disabled - I'll call her Sue. She is over 50 years old. She married a guy some 30 years ago who was also mentally disabled and was awarded honorable discharge from military service. He passed away almost 2 years ago. Sue signed off on allowing her sister-in-law (the decedant's sister) to take possession of the ashes with the understanding that they would be placed in the National Cemetery near here. The mortuary provided us copies of said paperwork. We realize there is a grieving process and allowed the sister time for this. At the time of the funeral, we went to the National Cemetery for the service (which went forward) but the cemetery said they could not bury the remains without the paperwork which sister had failed to bring. She said she would do it "next week." It has been well over a year now and no remains or paperwork have been presented for burial as agreed. She is now being evasive about relinquishing the ashes to anyone. My question is, how can we force the sister to give up the remains so the spouse (Sue) can visit him in the cemetery? I know Sue has the rights to his remains, I just don't know the procedure to force the sister to follow up on this. Any thoughts or direction to forms to be filed is appreciated.

 

[army judge]

Only a court can require or mandate a person to do, or refrain from doing a thing.
That would be a Superior Court in your state, as a small claims court can't offer injunctive relief.
I suggest you speak with a couple of attorneys on your county.
The attorney can further direct and potentially litigate this for you, upon proper payment arrangements, of course.