(k) Any dispute between any of the persons listed in subparagraph (a) concerning his or her right to control the disposition, including cremation, of the mortal remains of a deceased person shall be settled by a court having jurisdiction for the homologation procedure of the deceased, whether or not the homologation procedure has been initiated. A cemetery agency or funeral home will not be responsible for refusing to accept the remains of the deceased or to dispose of or otherwise dispose of the remains of the deceased until it has received a court order or other appropriate confirmation that the dispute has been settled or resolved. The appointment form is a Texas law and is available for free at www.statutes.legis.state.tx.us/Docs/HS/htm/HS.711.htm (scroll down to § 711.002. Disposal of leftovers). A formatted version is available for download in the middle of this page. In Texas, the remains of a deceased are controlled by – (i) A cemetery organization, a corporation that operates a crematorium or columbarium or both, a funeral director or an embalmer or funeral home is not responsible for carrying out the written instructions of a deceased or the instructions of a person who states that the person is authorized to control the disposition of the remains of the deceased. So, if no agent has been appointed, the family usually controls the remains. The surviving spouse takes precedence, followed by different categories of survivors. The appointment form for the disposal of Texas remains is a flexible alternative to other written instructions or to the family alone.
The responsible person, whether a family member or a friend, is responsible for the costs. Think about the budget when preparing your instructions. You can request a refund of the estate, but you will have to bear the initial costs yourself. If the executor or court-appointed administrator controls the remains, he or she can use the money from the estate. All others must cover the cost and request a refund later. I hereby revoke any previous order by a person to control the disposition of my mortal remains. The responsible person, whether family or agent, may ignore the deceased`s instructions unless they are recorded in a prepaid will or funeral contract or confirmed before a notary. Use the special instructions on the appointment form to give at least some advice, such as .B.
“Burn my leftovers.” Texas law allows a person (“deceased”) to appoint someone to make decisions about how to handle the funeral and burial or cremation of the deceased. The deceased may sign a document called “Appointment of an Agent to Control the Disposition of Remains” (“Appointment”). To be valid, the appointment must be written or typed and signed with a notarized confirmation. In particular, the appointment authorizes cemetery organizations, funeral directors and other such businesses to act under the document and accept the officer`s authority to make these final decisions for the deceased. Upon appointment, the deceased may list several persons responsible for the last wishes of the deceased, as well as provide specific details on how the deceased prefers to be buried or cremated. The appointment allows the deceased to instruct the officer on the tongue to be placed on a tombstone where the deceased wishes to be buried or cremated, and other specific wishes the deceased may have for funerals and other end-of-life decisions. Representative of the deceased for the disposal of mortal remains; then all decisions of my representative regarding the disposition of my remains, including cremation, are binding. The following are any special instructions that limit the authority granted to my representative: (a) Except as provided in paragraph (l), unless a deceased person has left written instructions for the disposal of the remains of the deceased in accordance with paragraph (g), the following persons in the priority listed have the right to make the arrangement, including cremation, to be controlled.
of the testator`s mortal remains and is responsible for reasonable burial costs in accordance with subsection (a-1): (c) A written document is legally sufficient in accordance with clause (a) (1) if the document appoints a person who controls the disposition of the remains of the deceased, if the document is signed by the deceased, if the signature of the deceased is recognized and if the representative or successor representative signs the deed, before acting as the testator`s representative. Unless otherwise provided in the deed, the designation of the spouse of the deceased as representative or successor in the deed shall be revoked if the marriage of the testator and the spouse designated as representative or successor representative is dissolved, annulled or annulled by divorce before the death of the testator. Such a written document may be modified or revoked only by a subsequent written document corresponding to this subsection. In Brit Bailey`s case, he should have told his wife about whiskey and continued that conversation until he found several family members and friends who shared his enthusiasm. Brit should then have recognized the appointment form in front of a notary, appointed an agent and two successors, and included special instructions for a jug of whiskey to be placed at his feet. If this option had been available in 1832, his mind would have been more comfortable today. Agents and successors must sign the form to accept their appointment. As with other written instructions, confirm your own signature in front of a notary. (a-3) A person who exercises the right to control the disposition of the mortal remains under paragraph (a), other than an executor or a duly qualified administrator of the estate of the deceased, is responsible for the reasonable costs of burial and may demand reimbursement of those costs from the estate of the deceased. If an executor or administrator exercises the right to control the disposition of property referred to in paragraph (a)(6), the estate of the deceased is responsible for the reasonable cost of burial, and the executor or administrator is not individually responsible for those costs. A common-law partner has the same right to control a funeral (or cremation) as a ceremonial spouse. Register an informal marriage before the district clerk so that proof is easier (read “cheaper”) if it is challenged.
(l) A person listed in paragraph (a) may not control the disposition of the remains of the deceased if, following the death of the deceased, an indictment has been laid for a crime under chapter 19 of the Criminal Code involving domestic violence against the deceased. A person governed by chapter 651, Professional Code, which knowingly permits a person charged with a crime to control the disposition of the remains of the deceased in violation of that subsection, is committing a prohibited practice under section 651.460, Professional Code, and the Texas Funeral Service Commission may discipline or impose an administrative sanction on the person regulated under this chapter. g) A person may give written instructions for disposition, including cremation, the remains of the person in a will, a prepaid funeral contract or a written document signed and recognized by that person. A party to the prepaid funeral contract or to a written contract that provides for all or part of a testator`s funeral arrangements and fails to comply with the contract is responsible for the additional costs incurred in obtaining possession of the testator`s location as a result of the breach of contract. The instructions may regulate the inscription affixed to a tombstone attached to a parcel of land where the deceased had the right to dig at the time of death and where the deceased is then buried. The instructions may only be modified or revoked by a subsequent letter signed and acknowledged by that person. A person who otherwise has the right to control the disposition of the mortal remains of a deceased person under this section shall faithfully follow the instructions of the deceased to the extent that the estate of the deceased or the person who controls the disposition is financially able to do so. If my agent or successor representative dies, becomes legally hindered, resigns or refuses to act, or if my marriage to me divorces, my agent or successor agent will be dissolved, annulled or annulled by divorce before my death, and this document does not indicate that the divorced agent or successor agent will continue to serve after my marriage has been dissolved by that agent or successor agent by divorce.
Declared invalid or void, I hereby appoint the following persons (acting alone and sequentially in the previous order) who will serve as my representative (counsel) to control the disposition of my authorized remains in this document: (b) The written document referred to in paragraph (a) (1) may essentially take the following form: I have no knowledge or reason to believe that this appointment to dispose of the remains has been revoked. I hereby accept the appointment made in this deed provided that I am individually responsible for the reasonable costs of the funeral of the deceased, for which I may request a refund of the deceased`s estate. The appointment form allows you to select your own agent, e.B. a sibling or single parent, even if your spouse would otherwise be a priority. You can also name someone outside the family, for example a friend or companion.B. Successors can be appointed in case someone is unable or unwilling to serve. .