Legal Question in Wills and Trusts in Texas
what is rights of progression when the last surviving parent dies? My wife's father died and we would like to know how the Right of Progression works. Is the oldest child the first to assume control of his father's remains? does it go from oldest child to youngest?
Asked on 6/23/10, 7:19 pm
1 Answer from Attorneys
Cheryl Rivera Smith
The Smith Law Firm
I've never heard of Rights of Progression. I am assuming that Dad didn't have a will and died intestate. Maybe you are talking about Intestate Succession. To answer your question if that is the case, all children stand on equal footing and should decide what to do with Dad's remains to carry out his wishes. If they can't agree, they can go to probate court and ask that an Administrator be appointed who will be in charge of Dad's estate. This will cost at least $2,000.
Answered on 6/24/10, 5:08 am
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