Who can claim the ashes of a family member after cremation, if a family member is unable to do so?
Full Question:
Answer:
I suggest calling the local coroner or entity that has the remains. The following is a Texas statute:
§ 711.002. DISPOSITION OF REMAINS; DUTY TO INTER. (a)
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[0], of the decedent's
remains, shall inter the remains, and 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; or
(6) any adult person in the next degree of kinship in
the order named by law to inherit the estate of the decedent.
(b) The written instrument referred to in Subsection (a)(1)
shall be in substantially the following form:
APPOINTMENT OF AGENT TO CONTROL DISPOSITION OF REMAINS
I,_____________________________________________________,
(your name and address)
being of sound mind, willfully and voluntarily make known my desire
that, upon my death, the disposition of my remains shall be
controlled by__________________________________________________
(name of agent)
in accordance with Section 711.002 of the Health and Safety Code
and, with respect to that subject only, I hereby appoint such person
as my agent (attorney-in-fact).
All decisions made by my agent with respect to the
disposition of my remains, including cremation[0], shall be binding.
SPECIAL DIRECTIONS:
Set forth below are any special directions limiting the power
granted to my agent:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
AGENT:
Name:____________________________________________________
Address:_________________________________________________
Telephone Number:________________________________________
Acceptance of Appointment:________________________________
(signature of agent)
Date of Signature:________________________________________
SUCCESSORS:
If my agent dies, becomes legally disabled, resigns, or
refuses to act, I hereby appoint the following persons (each to act
alone and successively, in the order named) to serve as my agent
(attorney-in-fact) to control the disposition of my remains as
authorized by this document:
1. First Successor
Name:____________________________________________________
Address:_________________________________________________
Telephone Number:________________________________________
Acceptance of Appointment:________________________________
(signature of first successor)
Date of Signature:________________________________________
2. Second Successor
Name:____________________________________________________
Address:_________________________________________________
Telephone Number:________________________________________
Acceptance of Appointment:________________________________
(signature of second successor)
Date of Signature:________________________________________
DURATION:
This appointment becomes effective upon my death.
PRIOR APPOINTMENTS REVOKED:
I hereby revoke any prior appointment of any person to
control the disposition of my remains.
RELIANCE:
I hereby agree that any cemetery organization, business
operating a crematory or columbarium or both, funeral director or
embalmer, or funeral establishment who receives a copy of this
document may act under it. Any modification or revocation of this
document is not effective as to any such party until that party
receives actual notice of the modification or revocation. No such
party shall be liable because of reliance on a copy of this
document.
ASSUMPTION:
THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS
APPOINTMENT, ASSUMES THE OBLIGATIONS PROVIDED IN, AND IS BOUND BY
THE PROVISIONS OF, SECTION 711.002 OF THE HEALTH AND SAFETY CODE.
Signed this ________ day of _____________________, 19___.
__________________________
(your signature)
State of ____________________
County of ___________________
This document was acknowledged before me on ______ (date) by
_____________________________ (name of principal).
_________________________________
(signature of notarial officer)
(Seal, if any, of notary)
_________________________________
(printed name)
My commission expires:
_________________________________
(c) A written instrument is legally sufficient under
Subsection (a)(1) if the wording of the instrument complies
substantially with Subsection (b), the instrument is properly
completed, the instrument is signed by the decedent, the agent, and
each successor agent, and the signature of the decedent is
acknowledged. Such written instrument may be modified or revoked
only by a subsequent written instrument that complies with this
subsection.
(d) A person listed in Subsection (a) has the right, duty,
and liability provided by that subsection only if there is no person
in a priority listed before the person.
(e) If there is no person with the duty to inter under
Subsection (a) and:
(1) an inquest is held, the person conducting the
inquest shall inter the remains; and
(2) an inquest is not held, the county in which the
death occurred shall inter the remains.
(f) A person who represents that the person knows the
identity of a decedent and, in order to procure the disposition,
including cremation[0], of the decedent's remains, signs an order or
statement, other than a death certificate, warrants the identity of
the decedent and is liable for all damages that result, directly or
indirectly, from that warrant.
(g) A person may provide written directions for the
disposition, including cremation[0], of the person's remains in a
will, a prepaid funeral contract, or a written instrument signed
and acknowledged by such person. The directions may govern the
inscription to be placed on a grave marker attached to any plot in
which the decedent had the right of sepulture at the time of death
and in which plot the decedent is subsequently interred. The
directions may be modified or revoked only by a subsequent writing
signed and acknowledged by such person. The person otherwise
entitled to control the disposition of a decedent's remains under
this section shall faithfully carry out the directions of the
decedent to the extent that the decedent's estate or the person
controlling the disposition are financially able to do so.
(h) If the directions are in a will, they shall be carried
out immediately without the necessity of probate. If the will is
not probated or is declared invalid for testamentary purposes, the
directions are valid to the extent to which they have been acted on
in good faith.
(i) A cemetery organization, a business operating a
crematory or columbarium or both, a funeral director or an
embalmer, or a funeral establishment shall not be liable for
carrying out the written directions of a decedent or the directions
of any person who represents that the person is entitled to control
the disposition of the decedent's remains .
(j) In the absence of evidence of a contrary intent, it is
presumed that a married woman directs that her name, as it appears
on the grave marker for the plot in which she is interred, include
the same last name she used at the time of her death.
(k) Any dispute among any of the persons listed in
Subsection (a) concerning their right to control the disposition,
including cremation[0], of a decedent's remains shall be resolved by a
court of competent jurisdiction. A cemetery organization or
funeral establishment shall not be liable for refusing to accept
the decedent's remains, or to inter or otherwise dispose of the
decedent's remains, until it receives a court order or other
suitable confirmation that the dispute has been resolved or
settled.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 14, § 213, eff. Sept. 1, 1991; Acts
1993, 73rd Leg., ch. 634, § 2, eff. Sept. 1, 1993; Acts 1997,
75th Leg., ch. 967, § 1, eff. Sept. 1, 1997; Acts 1999, 76th
Leg., ch. 1385, § 1, eff. Aug. 30, 1999.
