Removal of remains on private property

[Goolie]

I inherited a piece of property, on it were 3 relatives placed in a mausoleum. I had the authority to remove 2 of them, which I have done. The third body is my grandmother, who died in 2001. My Aunt was executor of the estate. I have since sold the property, the new owners would like the body removed, rightly so. However, my Aunt refuses to sign documents giving me permission to do so. What if any are my rights? When do her rights as executor expire? How and where do I get permission/documents to remove the body? When the property was passed on to me did I not also receive authority to deal with any and all remains on property?

 

[army judge]

I inherited a piece of property, on it were 3 relatives placed in a mausoleum. I had the authority to remove 2 of them, which I have done. The third body is my grandmother, who died in 2001. My Aunt was executor of the estate. I have since sold the property, the new owners would like the body removed, rightly so. However, my Aunt refuses to sign documents giving me permission to do so. What if any are my rights? When do her rights as executor expire? How and where do I get permission/documents to remove the body? When the property was passed on to me did I not also receive authority to deal with any and all remains on property?

Hello, Goolie:

I hope your authority to disinter the departed was at a minimum a lawful court order.

First of all, I suggest you acquaint yourself with some Texas state statutes:

http://drgraveyard.com/texas-cemetery-law-covering-a-newly-found-cemetery/

You might want to immediately consult with a few local attorneys, or your family attorney, if you retain one.

What you allege was done for two dearly departed souls, may have run afoul of Texas law.

You might require an attorney to sort this out for you.

As I read the law, a court order is required (plus a few other things) to disinter the remains of those who no longer reside among the living, breathing, on the planet.

 

[Goolie]

I went to the state and got the proper documents to remove the two caskets from the mausoleum, they were not buried, they were in the vault, as is the third. A funeral home picked up the two caskets that I was responsible for. My question is, what do I need to do to have the third removed, since my Aunt was the executor of that estate, and she will not sign the forms to allow me to remove the body, and have the funeral home take care of it. Is there a time limit on the executor order, or since the property now belongs to me do I have the authority to deal with the state myself. Or do I have to keep the body on the property forever.

 

[disagreeable]

If there is a marker present, the law considers them not to be abandoned and you must leave them. Read the link supplied. It is also considered a dedicated cemetery by law. Hopefully your relatives treat you with the same respect.

 

[Goolie]

Obviously no one is reading or understanding my questions. I was under the impression this forum was answered by persons with legal knowledge, I was obviously wrong. Thank you

 

[KatDini]

Or, answering them exactly how you'd like them to answer. You can collect your refund at the door.

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