Amato DeLuca, the Rhode Island attorney for his widow, Katherine Russell, said Tuesday that his client had just learned that the medical examiner was ready to release Tsarnaev's body and that she wants it released to his side of the family.
Police said Tsarnaev ran out of ammunition before his 19-year-old brother dragged his body under a vehicle while fleeing the scene. His cause of death has been determined but will not be made public until his remains are claimed.
"Of course, family members will take possession of the body," uncle Ruslan Tsarni of Maryland said Tuesday night. "We'll do it. We will do it. A family is a family."
He would not elaborate. Tsarnaev's parents are still in Russia, but he has other relatives on his side of the family in the U.S., including Tsarni.
Tsarnaev's father, Anzor, announced plans last week to travel to the U.S. in the hope of burying his elder son, but he told the AP on Wednesday that those plans are off because he is suffering from bad headaches and high blood pressure. The 46-year-old Tsarnaev said he still hopes to go when he is feeling better.
Dzhokhar was wounded in the shootout with police as he and his brother made their getaway attempt. He is charged with using a weapon of mass destruction to kill, a crime that carries a potential death sentence.
Russian agents placed the older suspect under surveillance during a six-month visit to southern Russia last year, then scrambled to find him when he suddenly disappeared after police killed a Canadian jihadist, a security official told the AP.
U.S. law enforcement officials have been trying to determine whether Tamerlan Tsarnaev was indoctrinated or trained by militants during his visit to Dagestan, a Caspian Sea province that has become the center of a simmering Islamic insurgency.