Wilson v. Wilson District Court of Appeal of Florida, 2014. Facts: A 23 year old man was killed in a car accident. His remains were cremated but his parents, the sole beneficiaries of his estate, could not agree on where to bury his ashes. The father petitioned the court to have the ashes declared as property, so they could be divided between the two parties. The mother, for religious reasons, opposed the divison of the ashes. Procedural History: The lower court ruled that the ashes were not “property” subject to partition and ordered that the parties come to an agreement on the ashes’ disposition within 30 days or the court would appoint someone to do it. It is from this order that the father appealed. Issue: Can a person’s remains be considered property that is subject to partition between the person’s beneficiaries? Holding: No, judgment affirmed. Reasoning: A next of kin has a right of possession to the remains for the purposes of burial, but that does not mean that the person has a property interest in the remains. This reasoning is consistent with historical precedent and Florida case law that a person’s body, whether living or dead, cannot be considered property. The out of state case upon which the father relied is distinguishable because there was evidence that the decedent in that case wanted their remains to be split up and buried in different places, which was not the case for the Wilsons’ son.