(1) the person designated in a written instrument signed by the decedent;
(2) the decedent's surviving spouse;
(3) any one of the decedent's surviving adult children;
(4) either one of the decedent's surviving parents;
(5) any one of the decedent's surviving adult siblings; or
(6) any adult person in the next degree of kinship in the order named by law to inherit the estate of the decedent.
What if a person of the highest priority fails, is unable, or is unwilling to act? Under that same section, Texas law says that where a person fails to make final arrangements or appoint another person to make final arrangements for the disposition before the earlier of the 6th day after the date the person received notice of the decedent's death or the 10th day after the date the decedent died, the person is presumed to be unable or unwilling to control the disposition and their right terminates and passes to a person of the same priority level or down to the next level of priority.
Subsequent entries in this series, "They're Fighting Over the Body," will focus on potential options in addressing designating a person to make decisions concerning disposition of remains.
This blog is designed for general information purposes only. The information contained on this site should not be construed as legal advice or the creation of an attorney-client relationship.
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