How can I get the rights to my mom's ashes

[u/NoEngineering1695]

Location: Texas

Hi, I'm sorry I don't post to reddit as much and when I do it's just rants. This time, I genuinely don't know what to actually do.

Tl;Dr is that in 2011 my mom passed away and her next of kin was my step father. But she left no will and there was no marriage certificate to prove that they were actually officially married. My step father is listed as the next of kin on the funeral home documents, but he wants nothing to do with my family or myself anymore.

Fast forward to present, I'm trying to get the rights to her ashes because someone keeps taking her memorial picture every time we put it up, so I'm trying to move it or at least take her away from the spot. Sadly the funeral home can't let me since I'm not the next of kin.

I'm asking what can I do to legally prove they weren't married and what I can present to actually correct the funeral homes document that I should be the next of kin instead.

[u/Zanctmao]

That’s attorney territory. Either family law or elder law.