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[TX] Commingling ashes (self.legaladvice)

NarwhalForBreakfast が 投稿

My mother-in-law has recently informed us that it is her wish that, upon her passing, her remains be mixed by her pastor with those of her deceased adult son. My wife is horrified by this (as am I), as the relationship between son and mother was strained at best.

From my reading of the relevant laws in Texas, this is not allowed without express written consent of both deceased parties. Will funeral directors/pastors know to not do this, or does she need to take pro-active action to prevent this? If so, how would she go about doing so?

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[–]duck_diver 7 ポイント8 ポイント  (2子コメント)

Can you post a link to these laws in Texas about ash mixing?

Who is the executor of her estate? Who was the executor of the estate of the son? Can't everyone just ignore these wishes once she has passed?

[–]NarwhalForBreakfast[S] 5 ポイント6 ポイント  (1子コメント)

Sec 716.303 of Texas Health and Safety Code Title 8 seems to be the relevant code as far as I can see.

Executor of her estate will be my father-in-law (divorced from my mother-in-law), who we are not on good terms with, and we have reason to believe that he would attempt to have these wishes granted.

As to executor of the son, it would have been either his mother (who has requested this commingling) or his father, who is also the (likely) executor of her estate. Most likely, it is his mother, as she is currently in possession of his cremains.

We would very much like to ignore these wishes after her passing, as the stated wishes seem to go against what my wife believes her brother would have wanted, but in the event that my mother-in-law predeceases her ex-husband, my wife would very much like to make sure that these ashes are not mixed.

[–]Trap_Door_Spiders 12 ポイント13 ポイント  (0子コメント)

It appears a whole lot of nothing. Whomever is the executor of her estate can likely make a decision to authorize this for her, or if she has a will they just can just enforce the will. Then, if it is the father-in-law who is the executor and has possession of the brother's ashes, he could simply do it as he wanted to. You might be able to sue to enjoin the action if that time comes. Honestly, the easiest way to probably fix this weird situation is to get his ashes in your possession and then simply deny any request to do so.

All that said, this sounds more of a weird relationship problem than a real legal problem. I would imagine that a funeral home, crematorium, etc. will not co-mingle the ashes at all, especially where one party is already deceased. I just don't see a crematorium throwing a guy's ashes in a furnace on another dead body. Basically I imagine this is a situation where FIL is going to take a Home Depot bucket and drop them in and mix. To be honest, I don't think you will be able to stop that from happening.

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