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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 35384
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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I just signed a funeral purchase agreement daughters funeral

Customer Question

I just signed a funeral purchase agreement for my daughters funeral today in Texas. I would like to have her cremated instead of buried ....can I get out of burial contract?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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I am very sorry to hear of your loss and know you must be going through a very difficult time..

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Unfortunately, TX only has statutory rights to cancel certain contracts like gym memberships and home improvement contracts. The right of rescission doesn't extend to funeral contracts by statute. So if there is not something in the actual written contract that gives you the right to cancel within a certain time, then no right to cancel exists.

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With that said, funeral homes operate largely on word of mouth advertising, so if you were to speak to the funeral director and explain the situation, they might agree to voluntarily void out the contract and let you change it to cremation.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 1 year ago.
Thank you
Expert:  Barrister replied 1 year ago.

You are very welcome. Glad to help even if the news is kind of lousy..

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thanks

Barrister