If a mother that gave up guardianship of herchildren, does she have the right to make burial decisions for 1 of the children?

I have a mother that gave up guardianship of both my brother and I. My brother just passed away this last Saturday and she is trying to interfere with the planning/decision of the burial that I am putting together. She is trying to get his last paycheck and stop me from making some decisions in regards to the funeral.

Asked on December 7, 2010 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am sorry for your loss and for your present situation.  It must be a very difficult time for you on all ends. I am assuming that you are all adults at this point in time.  May I suggest that you take the initiative here to seek legal help in making yourself the personal representative of your brother's estate as soon as you possibly can.  You can make the application and receive temporary letters of administration to allow you to make the arrangements you wish to make for your brother.  They can be granted quickly if need be.  If you will have to open an estate for your brother anyway it is at least the first step.  Then you have the fiduciary power to make the necessary decisions here.  Seek legal help in your area.  Good luck.


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