I had my husband cremated that is what we decided n i was preparing my self to pick up my husbands remains n find away for some closure on his death
Did the daughter pay for the funeral. Funeral homes are often beholden to the person paying the bill. They may also be unaware of any conflicts among the family. Check out Chapter 711 of the Texas Health and Safety Code.
Michael A. Duran of The Duran Firm principally practices in the North Texas area, including Collin, Dallas, Denton, Tarrant, Kaufman, Rockwall and Van Zandt counties. The advice given here is not and should not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. Visit duranfirm.com for more information on the topic discussed.
The person responsible for the disposition of remains are in Sec. 711.002, Texas Health & Safety Code:
(a) Except as provided by Subsection (l), unless a decedent has left directions in writing for the disposition of the decedent's remains as provided in Subsection (g), the following persons, in the priority listed, have the right to control the disposition, including cremation, of the decedent's remains, shall inter the remains, and in accordance with Subsection (a-1) are liable for the reasonable cost of interment:
(1) the person designated in a written instrument signed by the decedent;
(2) the decedent's surviving spouse;
(3) any one of the decedent's surviving adult children;
(4) either one of the decedent's surviving parents;
(5) any one of the decedent's surviving adult siblings;
(6) any one or more of the duly qualified executors or administrators of the decedent's estate; or
(7) any adult person in the next degree of kinship in the order named by law to inherit the estate of the decedent.
Ask the funeral home why they did not follow this rule and, if they did not, ask them to correct what they have done.
I have practiced law for over 40 years and currently reside in Colorado. I am licensed to practice in Texas and Colorado. For the most part, I practice in the area of estate planning, which includes drafting wills and powers of attorney, guardianships, probate, real estate, and related issues. My response to your question does not create an attorney-client relationship with me or any attorney. My response is based on the information provided.
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