What are my rights if my mother was cremated without my knowledge?

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What are my rights if my mother was cremated without my knowledge?

My mother passed away almost a month ago; the service was 3 days later. I was not aware of her cremation or informed by any family member as to plans for cremation. I was not contacted in regards to any service or plans; I read about the details of the service in the obituary, which I was left out for some reason. There has been a period of 2 years of minimal connection between my family and I due to time for healing and not continuing the same lifestyle as before I was married. I just found out that she was cremated without my knowledge. Do I have any rights?

Asked on November 12, 2011 under Estate Planning, Texas

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss and for the riff that caused the situation.  You have written this question in the "Wills, Trusts and Probate" category but I think what you are asking has to do more with an action in tort against your family.  Some states have a cause of action known as intentional infliction of emotional distress.  Otherwise, I am not sure what "rights" you want to establish here.  You have a right to inherit from her estate if she left you something in a Will or if she dies intestate with out a Will).  But other than that I think that there is probably very little that you can do at this point in time. Good luck.


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