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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33757
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My mother died 2009 and was cremated. About a year after her

Customer Question

My mother died 2009 and was cremated. About a year after her death I discovered that my sister and brother had not interred her ashes in a plot next to my father. At that time I offered to pay for her burial. My siblings responded by telling me it wasn't any of my business. My brother had power of attorney before my mother's death and was named as executor in her will. Just the other day I was researching my family genealogy and found a photo of my parents headstone and it didn't have my mother's birth and death dates engraved on it. I sent an email to Jeff Cashner of Garden Park Cemetery in Conroe, Texas, and he verified that my mother's ashes have never been interred; only my father and their still born child are buried there. My siblings have acted in a very hostile manner toward me and I'm quite scared of them. I wondered if I have any legal recourse to see that her wishes will finally be fulfilled. Thank you so much, Kathy Reeves
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: This occurred in Texas and the will was probated and her death was registered with the state of Texas. I'm actually presuming that this was done since my siblings don't communicate with me and each time I've tried to find out anything, they cut me off.
JA: Has anything been filed or reported?
Customer: Filed or reported regarding what?
JA: Anything else you want the lawyer to know before I connect you?
Customer: I need clarification regarding your previous question. Has anything been filed or reported regarding my mother death or regarding her not be buried?
Submitted: 1 month ago.
Category: Estate Law
Expert:  Barrister replied 1 month 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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Have you ever seen the will to see what it states about any burial wishes?

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thanks

Barrister

Customer: replied 1 month ago.
No, I was never allowed to see her final will, but I did see a draft and noted that I wasn't mentioned in it. However, shortly before her death she complained to me about how mean my brother was to her and that he never gave her money. She felt insecure about her burial wishes and gave me a wooden box that my Great Grandfather Lonnie Joe had carved. She told me that she wanted her ashes buried in that box next to my father. I told her that I'd do what I could, but that she need to let my siblings know about her wishes since they were treating me just as they were treating her. My brother was also taking my mother's Medicaid, Medicare and Social Security money because the nursing home would call me about moving my mother since they'd not received a payment from him. I let both my brother and sister know about these calls and they'd act very angry and tell me it was none of my business. My sister told me I needed to understand that they were taken some of Mom's money to pay themselves back for expenses they'd incurred on behalf of my mother. I know I've bent your ear long enough. I just worked in Medicaid for ten years and know that's considered theft.
Expert:  Barrister replied 1 month ago.

Ok, if there are no specific burial instructions, then it is generally up to the executor as to what to do with the deceased's remains..

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So if she didn't put it in the will, I hate to say it, but the executor gets to decide what to do with the ashes.. And I am virtually positive they haven't done anything simply because they don't want to spend the money....

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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

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