Legal Question in Wills and Trusts in Texas
right to choose burial procedures
I'm the executor of my mother's estate. She died this week. My brother and I are in disagreement as to day and time of burial. He had power of attorney while she was alive. Now that she is passed on, which of us has the right to determine the time and date of her funeral.
2 Answers from Attorneys
Re: right to choose burial procedures
Neither of you have "the right". The power of attorney ended with her death. The authority of the executor does not begin until the will is probated and letters issued. Of the two, the executor has the slightly stronger argument, since funeral costs will come out of the estate.
The two of you should try to reach an agreement, since a rift over funeral arrangements could unneccesarily split the family.
Re: right to choose burial procedures
A power of attorney dies with the power grantor, so it has no use anymore. The will should state who has the power to decide the disposition of remains. If the will is silent, then I would assume that the executor should do it, as it is a potential estate liability, and this would be incident to the estate. I would strongly recommend your trying to work something out with your sibling. Disagreements over the disposition of remains can cause a major rift in familial relationships.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
