Very sorry. There are no right or wrong answers, but there are some things to consider that may help you make your decision. All information published on this website is provided in good faith and for general use only. Before burying a body on private property or establishing a family cemetery, you should consult with the county or town clerk to determine whether your community has any zoning laws. I was able to take possession of both urns ( I believe its 2 different bodies) and his niece wont give me any of the documents or death certificate. Children 3. Laws vary by country, state, and even county. * not to be confused as the executor of the Will, Sorry to be the bearer of bad news, but from our understanding the answer is pretty much yes. Lastly to make it absolutely clear this is our opinion and is not legal opinion and should not be cited or considered as such. In some cases, it also implies that you bear the cost of all funeral arrangements and the cremation process. Then the bombshell came she decided to go to Suffolk with her daughter (my neice) and scattered the ashes without inviting me or my family because she does not like us and our success. Texas law determines who has the right to make final decisions about a person's body and funeral services. This is so far from my comfort zone, I think you should be able to recover the documents as they should be your morally and probably legally yours, Im hoping you have any correspondence to back you up. We have a detailed article surrounding these legalities in our blog Scattering Ashes - The Laws, Regulations, and Permits. Once the ashes are properly stored, they can be disposed of in a few different ways: - They can be buried in the ground, at least six inches deep. A columbarium or cremation niche is a room, normally in a cemetery or church, or it can be a free-standing wall. After completing the side content, most players can sit down for between 8 and 10 hours. Cremation is the process of reducing a body to ashes through the application of intense heat. If the dispute cannot be resolved through mediation or arbitration, then the matter may need to be decided by a court. For example, some family members might want the ashes to be scattered at a specific location, while others may wish to display the ashes at home. A lawyer may be the most expedient way but I appreciate that there is a cost. Next of kin can relinquish their rights if they have a solid logical explanation for their actions. There is no law prohibiting people from scattering ashes in public, despite some peoples reservations. I understand that the new wife was the one to receive them. If funeral arrangements are not made before death, the person who has control over the body of the deceased - usually a surviving spouse, child or other family member - has the right to choose which crematory will be used. Whether you friend chooses to visit the place is up to them, as to what can be left there is policy of the cemetery, it still doesnt stop them visiting and memorialising. If they did not have a specific place in mind, then you can scatter the ashes wherever you think would be appropriate. Scattering ashes in Texas is strictly regulated by the Texas Health Code, #75-16304. The national average for the total cost of a funeral is $7755. After her passing there was a feud in family resulting in me not being able to have his ashes. It is very unusual for a funeral home to take such action, but very compassionate by the sounds of it. The person who delivered the body for cremation is entitled to the ashes. My husband wasnt a big man and both urns are heavy. & B. Spouses typically get first claim, or parents if there is no spouse. Second, if that is not specified, the disposition of remains will be determined by the executor of the will. The law requires a cremation container, which is rigid for easy handling and made of combustible materials, to be used for all cremations. Higgins J dissented on the footing that there could be no ownership of a human corpse. Its a soap opera story, but is there anything I can do to get that paperwork or will I be in legal problems for having 2 urns without documentation, where both living in the U.S, is there anything I can do? Another factor is the cost of the ring. If the ring is very expensive, then it might be worth selling it, so that the money can be used for something else. All you need to do is contact the funeral director and let them know who is coming the pick up the remains. If she is determined she may wish to contact a solicitor but it may proved expensive ad fruitless. It is legal in Texas to scatter ashes over uninhabited public land, over a public waterway or sea, or on the property of a consenting owner. This tends to be the bill payer - if you paid the bill the chances are you signed the contract. Her reply There is nothing for you. The burial of his ashes is going to be April 9th. However, the dispute can be complicated to settle between the hierarchy's equally ranking members, such as between brothers. All they have to do is call the law firm and have their executor status revoked. Kind regards Richard. If that person has different ideas about what to do with the body than the spouse, disagreement and conflict can arise. If you want to bury someone on your own property, make sure the cemeterys burial policy is compatible with your plans. An organisation that disposes of cremated remains must take reasonable steps to ensure that the ashes are scattered or buried in an appropriate place. Sadly there is very little that can be done in such circumstances. Ultimately, there is no right or wrong answer when it comes to what to do with a person's ashes. They must follow the wishes of the deceased and collect the funds from the person mentioned in the contract to pay for the cremation if they are still alive. Human bodies are not a form of property and are not owned by anyone in the family. It might be possible to bring a civil case against that person, depending whether you can prove they acted against your wishes and they were only holding the ashes in trust, even then you may get nowhere. Texas, like many other states, allows for natural burials, but cremation is the preferred disposal method. Learn More: Which trade is right for me quiz? If no family members or personal representatives come forward for this role, the cremation ashes or body are handed over to the local authorities. I cant move forward and I need closure and thats why Im taking action to get his ashes back so I can put him where he asked me to put him. We accept that, however questionable the historical origins of the principle, it has now been the common law for 150 years at least that neither a corpse nor parts of a corpse are in themselves and without more capable of being property protected by rights: see, for example, Erle J., delivering the judgment of a powerful Court for Crown Cases Reserved in Reg. Have you taken this up with the funeral director? This means that it is up to the crematory to decide what to do with the ashes. It sounds are morally you are completely in the right and have done the right thing by you father. Yes. Who has the right to these ashes after cremation? The next-of-kin (or the person designated as executor) has responsibility for the ashes. MOTHERS DAY SALE - SAVE 10% UNTIL THE 13TH OF MARCH - WITH CODE: MUM10. Im his only daughter and my uncle is attempting to do everything possible so I would not have any idea. Unless the container is biodegradable, it is always a good idea to remove the ashes from the container before scattering. How To Explain Cremation To A Child? The surviving children will be given the money regardless of whether there is a spouse or a partner. I wanted my dads ashes to be close to me and now my uncle is wanting to bury his ashes next to my grandmother and my father never agreed to be cremated. Dear Susan This is very difficult, If your mother expressed her wishes in a will or other written form you may have some recourse although that is unlikely, a legal company may take this on for you but be minded this could be expensive and still not give you the result you wanted. If however there is a dispute, then the named executor will have the first right to possession. The decision of what to do with the wedding ring is a difficult one because it is a reminder of the happy times, as well as the sad times. In general, the wait time for receiving a death certificate is 48 hours based on the death date. Join our newsletter for exclusive offers and updates. While there are some creative ways to use a person's ashes after they have passed away, ultimately, the decision of what to do with the ashes is a personal one. Or, if the decedent did not specify a custodian of their remains, most courts tend to honor the wishes of the decedent. As yet, after 4 months no decision as to who caused the accident has been made by Police. When a deceased person is indigent, Texas law requires that counties bury or cremate him or her for free to his or her family or friends. Hello my name is Ann my daughter passed away 4yrs ago and was cremated I was planning to bury her ashes with my mum. There are many options available, and the decision may depend on the wishes of the surviving family members or the circumstances of the death. A crematorium must hand over the ashes to the one who delivered the body for cremation. She requested that the jury be instructed that the term next of kin and the natural objects of her bounty refer to her descendants, if any, as well as her parents and her surviving spouse. When you die, your agent is appointed to control the disposal of remains. At that point, you can choose to store the cremains inside the provided bag or, you may choose a different container to store them. Actually even the vicar who undertook my Mothers service looked upon this act as evil but it is difficult to explain. I live in another state and depended on her for updates. Second, as implied by Coke and Blackstone, the body was the temple of the Holy Ghost and it would be sacrilegious to do other than to bury it and let it remain buried: see for example, In Re Estate of Johnson 7 NYS 2d 81 (Sur. Fully Explained, The executor appointed by the deceased person in their will, Anyone else connected to the deceased wanting to take on the responsibility of managing the estate. The Catholic Church specifically banned the scattering of ashes and having the ashes kept at a personal residence. There are many factors to consider when making this decision. Practically speaking, usually it's the person who arranges and pays for the funeral and/or cremation who picks up the ashes after the cremation is complete. Despite this legality, it does not mean that the collector necessarily has the right to hold onto the ashes and do with them what they please. Your loved one will write down their wishes and arrangements regarding their passing, therefore it is all planned out already who will be in possession of the cremated remains and what the plans will be regarding the family as a whole and benefit everyones wants and needs. Let's take a look at who gets custody of the remains of a deceased person. Third (if there is no will or if it is in dispute), the ashes will go to the next of kin. In some cases, the person who passed away doesnt wish for any relatives to gain possession of their remains. One such reminder is their wedding ring. And Im still having difficulty accepting his death. There are lawyers that will help you, however I would see if they do a free consultation first and what the total cost would be. After paying more money we were able to get his ashes to US spill and hold his memorial service . No. Across the North American continent, there are 23000 funeral homes, and they all have the same problem when people dont collect their loved ones ashes. There is no law in Texas that specifically prohibits the scattering of ashes, so it is generally allowed. The surviving niece (s) and nephew (s) must all or a majority of their nearest relatives have a California Probate Code 64000 et. I suspect it is not relevant or not whether the father wanted to be buried, nor that your friends mother has any paperwork. The executors job is to follow the guidelines stated in the will. Most commonly, families choose to put the remains into a nice cremation urn. And when they pass away, their loved ones can focus on the grieving process. Who is entitled to the ashes of a deceased person? In Texas, ashes can be scattered in a grave, crypt, urn, or other container the family chooses; if the family chooses to scatter, there are numerous options available. Read next:Does cremation happen before or after the funeral? The persons nearest of kin can be determined based on the persons descent. However, one question? We have a wide array of enduring and timeless stone urns. Hi Keith I would ask if they would tell you through Freedom of Information, you could also write to someone senior in company to see if that gets any results. The benefits include giving you help so you can feel less overwhelmed, and all involved will feel more comfortable sharing their feelings. BUY NOW PAY LATER with Klarna, available at checkout. Crematory directors are sometimes required to arrange cremations. When scattering cremated remains, you should take all necessary precautions. In other states, the law does not specifically address the issue of who has the right to the ashes, so it is up to the crematory to decide what to do with the ashes. If you are given the responsibility of handling someone's ashes, be sure to ask about their wishes and follow them to the best of your ability. The first two Tests of the series were held at the Gabba, Adelaide Oval, WACA Ground, Melbourne Cricket Ground, and Sydney Cricket Ground. The decision of how to divide the ashes is a personal one and depends on the wishes of the deceased or their survivors. An affidavit is statement of facts which is sworn to (or affirmed) before an officer who has authority to administer an oath (e.g. The crematorium will not advise when this is going to happen, under his instructions although my mother always told everyone that she would be laid to rest with my father. In fact, in 2016, 50.2 percent chose cremation, which is more than 43.5 percent that chose burial. It is my duty to do as my father asked of him upon his death. You could ask a solicitor to write on your behalf but often this inflames the situation. And once you know it may not mean that you have access to the ashes. Now he is lying about where her ashes are, letting my daughters believe they have already been interred. The right to possess the ashes is likely to be the executor*, or whoever was at the charge of the funeral or basically the person who signed the contract with the funeral director. Usually the person who has arranged and paid for the funeral or cremation picks up the ashes. [W]hen a person has by the lawful exercise of work or skill so dealt with a human body or part of a human body in his lawful possession that it has acquired some attributes differentiating it from a mere corpse awaiting burial, he acquires a right to retain possession of it . You can get a solicitor involved this often lead to expense and often makes matters worse although in certain circumstances this may be the only option. What is Texas Disposition Law? hi Richard,my brother died on the 6-1-21,it was a private funeral where none of our family could go to. I suspect that having the ashes exhumed would be difficult as once the ashes were handed over it is not the choice of your friends mother as to what to do with them. If so then it may be easier, if not then legal intervention such as a lawyers letter may assist, however it may not and may cause more issues. It is a very difficult issue. In California, the law allows ashes to be spread in a cemetery scattering garden or someplace else, so long as there aren't local laws against it and the property owner or government agency that oversees . When we were informed of her condition i.e. Kind regards Richard. We can not guarantee its completeness or reliability so please use caution. Im going through the same situation as my fathers ashes. In a recent announcement, the Vatican published new doctrinal guidance on cremation. If you are the closest person to the deceased, then you may want to take the ashes yourself. First, in that there could be no ownership of a human body when alive, why should death trigger ownership of it? If you appoint an agent to control disposition of remains, you grant a friend or family member the authority to make the final decision. But its authority was to reverberate in an area perhaps nowhere more surprising than that which was the subject of its decision in, In relation to parts of a human corpse our courts have recently built upon the exception, recognised in, First there was the decision of this court in, The issue was also addressed in the Court of Appeal, Criminal Division, in. Any action you take based on the information found on cgaa.org is strictly at your discretion. In California, after the cremation, the cremated remains may be returned to a designated family member or friend to be kept at home, scattered at sea (over 500 yards off the coast), scattered on private property with written permission, or released to a cemetery for burial or above-ground entombment. There are also a few states in which the law requires that the ashes be buried in a cemetery. 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